what kind of a lawyer do i need for a repossession

by Merle Mueller IV 3 min read

Do I Need an Attorney for Help with Vehicle Repossession? Yes, it is important to have a bankruptcy lawyer or an illegal repossession lawyer help with vehicle repossession. As discussed above, there may be available steps to prevent repossession. Additionally, if repossession does occur and debt remains, your other assets may be in jeopardy.

Full Answer

Should I hire a lawyer to handle a repossession?

If a repossession happens, you'll need to decide if it's worth paying an attorney to help you. In some cases, hiring an attorney might make the difference between having to pay a deficiency judgment and walking away without owing the lender anything.

Can a bankruptcy lawyer help with vehicle repossession?

Yes, it is important to have a bankruptcy lawyer or an illegal repossession lawyer help with vehicle repossession. As discussed above, there may be available steps to prevent repossession. Additionally, if repossession does occur and debt remains, your other assets may be in jeopardy.

How can I avoid repossession of my house?

Keeping Your Property It is in the best interests of all parties for a borrower to take immediate action to cure a loan default before repossession occurs. The primary way to avoid repossession is to contact the lender before you miss a payment and ask them to negotiate a settlement that makes the account current.

What is illegal repossession and how can our auto fraud attorney help?

Illegal repossession is a violation of your rights, and our auto fraud attorney can help get your car back. No matter how far behind you are on your car payments, we can help you fight repossession. Call 818-254-8413 today for a free legal consultation to find out how our auto fraud lawyers near you can help.

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How do you fight a repossession?

As a result, it's crucial that you understand the different ways you can avoid repossession.Communicate With Your Lender. As soon as you think you might miss a car payment, reach out to your lender to discuss your options. ... Refinance Your Loan. ... Reinstate the Loan. ... Sell the Car Yourself. ... Surrender the Vehicle Voluntarily.

Can you negotiate a repossession?

Debt settlement companies will negotiate with your lender to help lower the amount of money that you owe on the repossession. The reason that many lenders are willing to negotiate is because they would rather get some of the money that is owed, rather than nothing at all.

Should I pay off a repossession?

Tips. Paying off a repossession can help your credit score since it reduces debt owed, and you may be able to get the item removed from your credit report. However, the significance of impact on your score depends on your credit history and profile and whether you take a settlement.

Can you recover from a repossession?

Often, a bank or repossession company will let you get your car back if you pay back the loan in full, along with all the repossession costs, before it's sold at auction. You can sometimes reinstate the loan and work out a new payment plan, too.

Do you still owe after a repossession?

If your car or other property is repossessed, you might still owe the lender money on the contract. The amount you owe is called the "deficiency" or "deficiency balance."

Can a car repo garnish my tax refund?

Since your auto lender isn't a government agency, they can't simply garnish your wages or tax refund automatically. However, your lender may be able to garnish your wages or charge your bank accounts if they sue you over a defaulted car loan and win.

Is a voluntary surrender better than a repo?

Because a voluntary surrender means you worked with the lender to resolve the debt, future lenders may view it a little more favorably than a repossession when they review your credit history. However, the difference will likely be minimal in terms of your credit scores.

Can you make a payment plan with a repo?

The only way to avoid repossession is to make payment arrangements with your lender. Any payment plan will require you to catch up on all of your payment arrears and repay any repossession fees and recovery costs they may have incurred.

Can I buy a house with a repo on my credit?

In most cases, you should be able to get a home loan even if you have a repossession on your credit report. But it will not be easy, especially since the current mortgage market has tightened because of the economic effects of the coronavirus.

How long does a repossession stay on your record?

A house repossession will stay on your credit report for 7 years, from the original missed payment (known as the original delinquency date). Naturally, the further in the past the account, the less impact it will have on your credit score.

Can a repossession be removed from credit report?

Can Repossessions Be Removed from a Credit Report? There are two potential ways to remove a repossession from your credit report before the law requires it to be deleted. You can dispute a repossession or you can try to negotiate with the creditor to remove it early.

Should I get my car back after repossession?

Do I Still Owe After a Repossession in California? Even if your car has been repossessed, you're still responsible for your car loan. Under California repossession law, you're also responsible for all the costs related to the repossession and sale.

How to get your car back after repossession?

If you have fallen behind on car payments you may have the option to get the car back after repossession. File Chapter 13 bankruptcy and going to court right away may be the best way to get your car back, but you will have to start making payments on a payment plan for the arrears. You will also have to keep up with the monthly payments or the car could be repossessed again. Going to court could also result in debt elimination, you could wipe out credit card debt and medical bills, stop wage garnishment, and also catch up if you have a mortgage that is in arrears as well.

What to do if your car is repossessed?

Consumer Action Law Group can help if your car has been repossessed illegally. Regardless of your loan amount, or how far you are behind in car payments, the dealership must provide you with a repossession notice to let you know what has happened with your vehicle after it has been repossessed.

Can you get your car back after bankruptcy?

The auto fraud attorneys at Consumer Action Law Group are familiar with the process of how to fight repossessions by filing Chapter 13 bankruptcy, and strongly suggest that you call our auto lawyer to discuss the process. A car repossession can cost you both time and money in order to get your vehicle back. The faster that you hire a repossession lawyer, the faster that you can get your car back.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

When to consider hiring an attorney for a car repossession?

When to Consider Hiring an Attorney. The lender must meet certain legal requirements when repossessing and reselling your car. If the lender messed up in some way during the repossession process , this could constitute a defense to the deficiency action.

What happens if a car loan is repossessed?

If your car-loan lender repossesses your car, van, truck, SUV, or other motor vehicle, it might sue you to recover any money you still owe on the vehicle loan (called the deficiency). If this happens, you'll need to decide if it is worth paying for an attorney to help you. In some cases, hiring an attorney might make the difference between having ...

What happens if a lender gets a deficiency judgment?

Once the lender gets a deficiency judgment, it generally may garnish your wages, or other income, or bank accounts.

What happens if a lender waits too long to sue you?

If the lender waits a long time to sue you, the statute of limitations—the time period in which the lender must file the suit—might have passed. (For more information, see Nolo's Chart: Statutes of Limitations in All 50 States .)

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Can repossessions breach the peace?

Lenders and their representatives can't breach the peace when repossessing the car. For example, they can't remove you from your car or physically touch you in order to take the vehicle. (Get details about how repossession works in How Motor Vehicles Are Repossessed .)

What is the law on repossession?

Laws and regulations on repossessions vary from state-to-state and sometimes from locality-to-locality so it is best to consult with an attorney in your area if you are involved in repossession.

How to avoid repossession of a loan?

The primary way to avoid repossession is to contact the lender before you miss a payment and ask them to negotiate a settlement that makes the account current.

How long does a repossession stay on your credit report?

Repossessions stay on your credit report for seven years.

When will the repo business go into a slumber?

The repossession business went into a slumber of sorts during the 2020 shutdown, but in 2021 repo men and women are making up for lost time.

What is repossession of a car?

Repossession is reclaiming ownership of something that has not been paid off, but still has value. In most cases, cars are the primary asset involved in a repossession, but it could be real estate, jewelry, artwork or any tangible asset that can be sold to recoup money for the unpaid loan balance.

Can police help repo teams?

Generally, local authorities cannot help the repo team — the situation is a private matter involving a lender and borrower and must be resolved in a court of law.

Who is the lienholder on a car title?

The lender is listed as the lienholder on the car title and can reclaim the vehicle if you fail to make an on-time payment. When millions of Americans were laid off during the pandemic, governments and businesses temporarily halted many debt-collection protocols.

What Kind of Lawyer Do I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

How Do I Find Out What Kind of Lawyer I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What do you want from your ex wife?

You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need a family lawyer.

What is considered criminal defense?

Criminal Defense Lawyer. Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

Is business law a category?

In fact, “business law” is too broad a category to be meaningful. Business lawyers generally fall into two mutually exclusive categories: litigation and transactional. Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons. ...

What Services Can Lawyers Help Me With?

A lawyer is a professional who is licensed to practice law by the governing Bar Association in the state where they practice. Lawyers are also known as attorneys when they represent clients in court.

What Types of Lawyers are There?

There are numerous types of laws in effect in the United States, with new laws being put into action constantly in our common law system. There are just as many types of lawyers who can help you navigate their specialty.

How Carey Leisure & Neal Can Help

No matter what kind of situation you find yourself in, the team at Carey Leisure & Neal is happy to help guide you in the right direction. We have worked hard to find the top local attorneys in each area of practice and would be happy to provide you with a referral.

What is a lawyer able to assist in?

Some other things that this type of lawyer is able to assist in are in matters that deal with tax issues, retitling of a decedent’s assets and requesting court permissions for a variety of reasons.

How Do I Know I Need An Estate Planning Attorney?

Knowing when and for what reasons to hire an estate planning attorney can be challenging if you have never been informed of the appropriate circumstances in which to do so. Throughout your life, there are many things that can prompt the need to hire an estate planning attorney. Some of these things include:

What Does A Probate Attorney Do?

A probate attorney is basically an advisor to the beneficiaries of an estate or personal representative on how to handle any final matters of someone who is deceased.

What Are The Benefits Of Hiring An Estate Planning Attorney?

The benefits and security that come from taking this route produce a vast amount of benefits for you and your family.

How Much Does It Cost To Hire A Probate Attorney?

The important thing to understand when it comes to hiring a probate lawyer and how much it will cost you is that there are two separate areas of cost.

How Do I Find The Right Probate Lawyer?

When looking to hire a probate lawyer, it can be tempting to say yes to the first lawyer and jump right in to start going through the nitty-gritty of all the details immediately . While this may be time-efficient, it may be damaging to the long term results of your case.

How to protect assets from creditors?

There are quite a few methods put in place created to protect your assets from creditors like irrevocable trusts, ownership insurance, asset protection trusts, and limited liability entities. The attorney that you hire will be able to walk you through each and every part of this process and help you pick the plan that will ensure that the wealth of your family stays as secure as it can be.

Who can refer you to a consumer lawyer?

An attorney you know or have worked with before may be able to refer you to an attorney who has experience in consumer law.

Can low income people get legal aid?

Low income consumers may qualify for legal aid. Find an office in your state here.

Do attorneys charge a fee?

Some attorneys may also offer free services, or charge a reduced fee. There may also be legal aid offices or legal clinics in your area that will offer their services for free if you meet certain criteria.

Can you leave originals with a debt collector?

Never leave your originals with anyone. It will be helpful for your attorney to review copies of letters you have received from the debt collector, as well as any copies of records you have kept of phone calls, letters you wrote to the debt collector, or other communications. Read full answer.

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