Today, we wanted to talk about the #1 thing you can do during a vehicle repossession. This may effectively stop the repossession, or it will set you up with some legal protections. The problem is that most people call our office after their vehicle has been repossessed. By that time, we are limited in what we can do legally based entirely on the facts of the repossession. So, what is the #1 thing you can do before your vehicle is repossessed:
Approach the person trying to repossess your vehicle and tell him that he cannot take your vehicle and to leave your property.
We’re not suggesting that you physically confront the tow truck operator. However, you have the right to walk outside and tell the tow truck operator to leave your property. This will change your repossession in two ways:
First, by law, the repossessor must leave your property if you tell them to leave. He cannot continue to try to repossess your vehicle and he must go back to the bank to request a court order. This will buy you time and give you an opportunity to bring your payments current to avoid an actual repossession.
Second, and possibly more importantly, this will set you up for a possible legal action against the repossessor and the bank. We can almost guarantee that the repossessor will not leave your property when you tell him to do so. The tow truck operator only gets paid once the vehicle is actually repossessed. So, he will do almost anything to leave with your vehicle. This may include destroying your property, physically touching you, or calling the police. All of these actions are illegal and give you the right to sue for an improper repossession.
If you sit back and let your vehicle be taken, you will have nothing to show for it. At least tell the repossessor, “NO!” If he continues to take the vehicle, give us a call. There is a good chance we can help.