Wrongful repossession attorney
Repossession is okay when you have not paid your dues, and when you have mortgaged an item like your car, house, boat, truck for that dues, earlier. But fortunately, as a customer, Georgia repossession laws are strict and we, the wrongful repossession attorney of Georgia, are here to pull you out of the woods.
The repossession cannot happen in private spaces, within locked garages, within government spaces and definitely not with the use of force.
If your property is damaged during an act of repossession by the creditor’s army, you are in for luck.
Disturbing your peace can mean losing some of the legal rights against you.
If your repossession agent has taken your car, truck or boat without providing you details on the way, he will treat your baby, like sell it in private auction or sell it in public auction, then call us.
We are your trusted Georgia wrongful repossession attorney with decades of experience. Our office is in Atlanta, Georgia. Call us for initial free consultation with no future obligation. After all, we are here not to subdue but to help.
Please do check the feedback from our esteemed clients before you reach us.
Whenever your creditor is waiting to pounce on your vehicle, should you miss a payment deadline, call us; We are your friend in this stressful hour; We are the wrongful repossession attorney, ready to pounce on the mistake, for you, that the repossession agent make, while forcibly taking away your favourite car or boat.
What is the repossession process?
Did you miss your payment on the car ?
Did you miss payment on the loan on which your vehicle was mortgaged as collateral ?
The creditor is within his right to repossess your vehicle but with a few ifs and buts in between. It must be written explicitly in agreement, that the company formulated with you while buying the car, that it is perfectly allowable from your side to repossess your car when you fail to comply with payment terms.
Defaults for which repossession will be valid in your case must also be clearly stated in written terms.
There’s no scope for verbal agreement; the repossession terms must be legally decided in clear written legal language from before.
We will study the agreements for any lacunae that gives you a breathing space or keep the car.
Heated words and arguments are given in this type of situations, but the use of force is not. The vehicle, if taken away, must be done reasonably peacefully.
Your vehicle cannot be repossessed if it is locked in a garage. However, it can be taken perfectly legally if the doors are open, or of the garage is merely closed without a lock. It can also be taken away from a carport.
However, in some states, agents can repossess the car from a locked garage too. In that case, he has to fix the broken lock.
What happens after repossession?
On repossession, the agent must state clearly the future course of action with the sieged vehicle. The vehicle can be auctioned publicly or privately, but the lender has the full right to repossess your car. But the original owner must know the time and date of the auction in advance so that he can also re-bid for his favorite vehicle. It’s the duty of the repossession company or the dealer of car or loan company to inform the now indebted pre-owner about the dates.
A few years earlier, the possessor searched the vehicle by the address provided by the car dealer or the lender. But apparently, it was not always updated. So a cat and mouse search game took place. The car was hidden sometimes blocks away and sometimes left carelessly in the driveway or the street in front. Either way, the repossessors were adept at finding the vehicle. But with the GPS and electronic location finder, this work has become more comfortable for the repossession agents and would quietly tow it away while you remain blissfully unaware. The car can be even locked remotely by the dealer.
Sorry, your liability does not end with your vehicle getting repossessed. You can still suffer from “deficiency” which is a fancy term for the difference between what you still owe for the car plus the repossession charges for the car minus the amount received from the auction. Sounds simple, but the problem is in the implementation of the auction. Mostly the bidding in the auction is done by friendly sub-dealers, who bid ridiculously low price to buy the car.
How we can help you as your wrongful repossession attorney?
Call us at this point. We will help you to cut a deal with the lender so that you can temporarily keep the car and sell it quickly, yourself. In this way, you can get a higher and fair value of the vehicle, by which you can cover a large part of your debt. Who knows, with some luck and our soft persuasive power, we may be able to extract forgiveness from the dealer for your remaining debt so that you emerge debt free.
What is wrongful repossession in Georgia?
The repossession law states that your loan company has the right to repossess your vehicle via any registered repossession agent anywhere. However, your loan company needs to carry out the repossession process without any breach of peace.
You can claim yourself a victim of wrongful repossession if your closed fence is transgressed for this purpose. Or if your locked garage is harmed considerably. The moot point is that there should be no breach of peace during the repossession act by the vehicle owner or by the lender. And there should be absolutely no bodily harm.
Remember to have witnesses and photos of the damage, in case the agent wrongfully breaks the above points.
Before any repossession act, the agents should contact and get the go-ahead from the local police
So, in case you find your vehicle being towed away, call the police to see if they have been informed. If not, your case of being a victim of wrong repossession becomes easier.
Local police should maintain peace and allow proper transfer of the vehicle ownership (after a preliminary examination of the repossession rights ), without taking any sides. If the police take side against you, you can claim wrongful repossession with proper evidence.
Take the license number of the towing vehicle, the repossession company, the agent who has come physically, details of the police officer who oversaw the event.
We will scrutinize the data, for you, under the legal microscope, to search for any improprieties in the procedure.
What happens after the repossession?
Once repossessed, remove all your personal belongings including the expensive music system in your vehicle. If you face any problems with the agent in removing your belongings, record its evidence. This will help you to claim yourself as the victim.
Once the vehicle is taken away, within a certain period, you should receive an “intent of selling” notice specifying the date and time of auction so that you can take remedial action or prepare yourself to bid for the vehicle.
Once the auction is over, normally for a much smaller sum than actually, it is worth, the dealer may send a “deficiency” notice. If the deficiency sum is more than it should actually be, call us. We will take cognizance of this wrong calculation wrong act on the part of the lender and try to prove you as the victim of a wrongful act by them.
Is there any grace period?
It’s not that car dealers, banks giving loans, pounce on your car the day after you missed the payment. 10-15 days are typically given as grace period to catch up with the missed payment, sometimes with nominal charges. However, once 15 days pass, things will start to get hot for you. If 30 days pass without your payment and next payment date is almost due, the banks or the lenders will treat it as a missed payment. And all the hell will break loose.
Repossession company or loan company : What you need to know?
Repossession company seems to be something very unethical. However, in reality, a lot of effort goes into forming a repossession company or being a repossession agent. Repossession company is the savior of the loan company.
Being a repossession agent requires a lot of background study and financial muscle. In some states, having a criminal conviction against you will disqualify you.
If you have set your sights on becoming an agent, primarily you will have to study the laws regarding repossession in the state you wish to operate. This is of utmost importance, because any letdown in procedures may take away the legal right you had to repossess the vehicle. You will also need to acquire knowledge on hotwiring a car, opening a locked garage, remote disabling, understanding how a locating device works, how to disable a vehicle safely.
Because all these are humanly impossible for a person to learn by himself, it’s better to undergo training regarding these.
You have to be thick skinned to absorb the curses and abuses you are likely to face during the seizure of a vehicle.
Also if you think of opening a repossession company or being an agent, ensure your pockets are deep enough. You will need to buy a towing vehicle and obtain a license to operate that vehicle.
You also have to obtain a certificate for being a repossession agent.
Because repossession at the most inopportune time for the owner is planned to eliminate chances of resistance from the defaulter, odd job times are routine.
Filing for bankruptcy:
If you feel you can afford to keep that fine car of yours, but with the renegotiation of loans at a lower fixed rate and over a more extended period to repay it, Call us to negotiate with the interest rate with lenders on your behalf. Or settle out of court for a lump sum one-time payment to eliminate the whole loan with the blessing of your lender. This will prevent repossession naturally. If you cannot afford that one-time payment, go for chapter 13. Filing for bankruptcy in chapter 13 will allow you to keep your asset and pay the loan over a spread of 3 to 5 years.
For either of these choices, you will find us by your side, at every step. We have an enviable record of success in Chapter 13 cases and also for negotiating for lower rates for our clients.
Another stage where you can save your vehicle being towed away for auction and virtually selling it at free is when the repossession agent comes looking for your car; or better when you miss payment within the grace period. You know agents will be looking for you.
Contact us; We will try to salvage by a reinstate agreement with your dealer so that you can have the vehicle back temporarily and go on with timely payments thereafter.
Repossession lawsuits in Georgia
Suppose you allow the car dealer to repossess your vehicle by their agents. They auction it. But as it happens in these auctions, the fair value obtained is hardly obtained in the auction. It barely covers your debt, and you get a “deficiency” notice. In layman’s term, a deficiency notice is the net debt still left to be paid even after auctioning your vehicle.
If you feel that you are sinking in a black hole of debt even after repossession and auction of your car, Contact us. We will help you to choose the best method to get out of this rut. If its bankruptcy for you, let us scrutinize and suggest a better option for you: Chapter 7 or Chapter 13.
Repossession lawsuits in Georgia through chapter 7 or 13, once filed, immediately stop the notice for payment of “deficiency.” It will also stop those rude calls of repossession agents, of dealers, asking for your skin or the default money. It will stymie any efforts of repossession or wage garnishments.
Fair debt collection laws
If you are falling back on the loan payment, heave a sigh of relief because the fair debt collection laws are here to protect you from the harsh repossession agency and its collectors. Because of this law, they cannot intimidate you over the phone though they can make reasonable demands for debt payment.
This policy saves you from incessant calls, in case you do not pick it up owing to any genuine reason. It will be viewed in court as calls with malafide intent and tilt the case slightly in your favor.
Due to this law, you can sleep peacefully even with the debt sword hanging over. All because this policy forbids disturbing you at odd hours in the night and early morning.
Your workplace is a professional place where you do not want your debt collection agency to malign you. Fair debt collection law forbids this saves you from that humiliation.
It even prevents gossiping about your debt to other people while searching for you. Only your spouse can be told about this, and your parents if you are below eighteen years.
Consumer rights related to repossession in Georgia
Under repossession law in Georgia, there are certain safeguards for the indebted debtor. The repossession agent can pick up the vehicle anywhere without notice, but the agency cannot breach the peace.
Mostly it means
- not transgressing by damaging one’s property (including fence)
- not breaking down the locked garage
- no altercation in the range that it disturbs the entire neighborhood.
The defunct owner has the right to redeem his vehicle from the repossessed agent within ten days of taking it away. Its the duty of the repossessing agent to inform the owner about the whereabouts of the vehicle.
He can then claim back the vehicle by
- renegotiating better terms or
- paying the balance of the loan plus the repossession costs.
If the auction is held by the company or agents, it must be auctioned at a reasonable price taking in account market price, depreciation.The date of the auction must be informed well in advance to the indebted owner.
- Can a car be repossessed without notice?
Yes, with a big Y. In some states, notice should be given beforehand. However, in the State of Georgia, the agent can track and impound your car anywhere except an extremely private place like a locked garage or a public place where trespassing without permission is prohibited.
- Is it legal to repossess a car on private property?
Again the answer is affirmative. However, a locked garage may not be always allowed. Vehicles on the lawn, personal driveway are accessible for this purpose, only thing is that there should be no physical scuffle or peace disturbance in process.
- What is the right of repossession?
This is the right as defined in the agreement, between the lender and the debtor at the time of providing the loan. The threshold for default and the steps to be followed by default will define what is legal and illegal during repossession.
We know that you have missed one payment owing to adverse conditions and sometimes the loan company pounces on you to sell that you so painstakingly bought in not so distant future.
Well, we are here to help you by
1) finding the lacune in repossession process followed by the agency
2) Try to negotiate with the lenders for a better rate and longer timeframe of repaying. 3) If none of this works then file for bankruptcy to get the total loan off your back.
If you are troubled by repossession worries, do contact us at: