what kind of a lawyer do i need to fight a car loan

How can an auto lawyer help me buy a bad car?

Auto financing lawsuits require support through large amounts of documentation and evidence. Fortunately, since auto financing is a highly transactional field, there will usually be a large amount of documentation of the process. Some forms of evidence can be used to support an auto financing claim. The claims may include loan contracts ...

Do I need an attorney to file an auto financing lawsuit?

Feb 26, 2021 · 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 …

What kind of lawyer do I need for a car accident?

An auto dealer fraud lawyer can help with unfair business practices such as failure to disclose damages, price packing, and misleading dealer add-ons. Use FindLaw to hire a local auto dealer fraud lawyer to assist you with problems like "bait and switch," odometer tampering, and car warranty scams.

Do I need an attorney for help with vehicle repossession?

May 15, 2017 · A qualified consumer rights attorney can evaluate all collection contact for compliance with the law. If the collector’s tactics have violated the law, you can sue the collector, even though the deficient balance may be owed. Deficiency Lawsuits. After trying to collect, the lender may initiate a lawsuit to recover the deficiency amount.

How do you dispute an auto loan?

To dispute the charge, file a claim with the credit bureau that you found the car loan on. This is typically TransUnion, Experian, or Equifax. You usually can do this online. However, you may want to call to file the dispute to get more information regarding the charge.

Can you settle a debt with a car loan?

An auto loan settlement is merely the process of paying off your car loan. The amount of the settlement will include the principal amount owed as well as all-interest charges and fees that accrue until the date the loan is actually paid off.

Can you negotiate car repossession?

Lenders are more likely to negotiate if you are up front about your situation and contact them as early as possible. Otherwise they may suspect that you are trying to defraud them. Repossessing a car is a last resort for lenders and often loses them money so they are normally willing to negotiate.

Should I pay off a repossession?

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.

How do you negotiate a car loan settlement?

Keep making your payment. While you negotiate a payoff, keep making your existing car payment, if possible. ... Find out what you owe. ... Take a look at the big picture. ... Talk to the lender. ... Get everything in writing.Feb 21, 2021

What is a settlement figure car finance?

A settlement figure, when talking about car finance, is the amount of money you still owe on your loan or finance agreement, including interest. It might be important to know this figure if you need to sell or replace a car before your car finance agreement ends.May 18, 2021

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."

What are three possible consequences of defaulting on a car loan?

Lenders sell repossessed cars at auction, and if it doesn't recoup the remaining balance of the loan financing it, you'll owe what's called a "deficiency balance." Ultimately, the lender could sue you for the money you owe. Your wages could be garnished; a lien could be put on your home.Oct 26, 2020

Can a creditor take my only car?

Can the Judgment Creditor Take My Car? The short answer to the question, “Can a judgment creditor take my car?” is “Maybe.” Generally, creditors will only take a vehicle if your car has value. A car with value can be beneficial to a creditor, as they can sell it and use that money to pay off the debt you owe.Oct 8, 2021

Can a repossession be removed from your credit report?

If the lender can't prove that your debt is accurate, fair or substantiated , then the credit bureaus can remove the repossession from your credit reports. Your window to negotiate with your lender may be short or already closed if they've already repossessed your asset.Aug 27, 2021

What happens to your personal belongings when your car is repossessed?

Your personal belongings are your personal belongings. If a repo company took your car, you have the right to get these belongings back without having to pay a fee. Even if your car has been repossessed, you have rights including the right to get your personal belongings back.Oct 5, 2021

How many months can you be behind on your car payment?

about 3 monthsTypically, most lenders wait until you are about 3 months behind on car payments. Although you can be considered in default after 30 days, lenders may wait 90-120 days before taking action. In addition to an added sense of uncertainty, repossessions also leave a negative mark on your credit history.

How to sue a car dealership?

We are auto lawyers that sue car dealerships for bad car sale practices. Call us to speak to our auto attorneys immediately if this happened to you: 1 You bought a car and paid more than the advertised price 2 You bought a car and it broke down soon after you drove off the lot 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage. 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion 5 Your vehicle needs to be repaired soon after you bought it, and the problems date back to the date you bought it 6 Your dealer called you to bring back the car because the financing fell through after 10 days have passed from the date of purchase

What happens if you buy a car and it breaks down?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion.

Can you sue a car dealer in California?

Under California law, car buyers are legally able to sue their dealers for not telling the truth about the vehicle. Our legal team and lawyers against car dealerships gather evidence for a lawsuit against dealers that rip off buyers. Used car dealer fraud is common, if you are a victim, our lawyers who deal with car dealerships can help you get ...

How to repossess a vehicle?

A breach of the peace when attempting to repossess a vehicle can include the following actions by the creditor in order to repossess the vehicle: 1 Threatening the use of physical force or violence; 2 Breaking and entering into the home of the debtor; and/or 3 Entering into a closed garage.

How long does a repossession stay on your credit report?

This is beneficial because a repossession can remain on someone’s credit report for up to seven years after the original date of delinquency and can have a negative impact on their credit score.

What is collateral property?

The property involved is referred to as collateral. Repossessions provide a process for creditors to reclaim property from debtors who have not made payments per their contract. The type of property reclamation most often occurs in conjunction with auto financing or car loans and loans for other expensive equipment.

What is breach of the peace?

A breach of the peace when attempting to repossess a vehicle can include the following actions by the creditor in order to repossess the vehicle: Threatening the use of physical force or violence; Breaking and entering into the home of the debtor; and/or. Entering into a closed garage.

Can you avoid 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. An attorney can speak with the creditor to determine if there is a way to avoid repossession.

What does "redeem" mean in real estate?

To buy back, or redeem the property prior to a sale by paying the unpaid balance and repossession costs.

Can an attorney negotiate with a creditor?

An individual can negotiate with their creditor but an attorney will be more knowledgeable in the process and may be able to obtain a more favorable outcome. An attorney will also be able to review your local laws regarding repossession and rights of the debtor.

What happens when you repossess a car?

When auto loan lenders repossess a car, truck, motorcycle, boat, or other vehicle, they sometimes sue the borrower for the deficiency. The vehicle is considered collateral according to the loan agreement, but the sale price after repossession often does not meet the total amount owed on the loan. The deficiency is the amount leftover after ...

What happens if you don't have a vehicle?

You still have an obligation to the lender for the deficient balance, even if you don’t have the vehicle. If you disregard a summons to appear in court, the case will proceed without you and a default judgment could be entered against you for the balance of the debt. Judgments are dangerous. Once the lender gets a deficiency judgment, wages ...

What is the Fair Debt Collection Practices Act?

Collection calls or letters must comply with the Fair Debt Collection Practices Act, the federal law governing debt collection. A qualified consumer rights attorney can evaluate all collection contact for compliance with the law.

Can a repossession affect your credit score?

Remember, repossessions and judgments carry negative weight on your credit report. Your credit score could drop, affecting your ability to obtain a new car loan or any new credit. As well it could impact your existing credit by lowering the amount of available credit or increasing the interest rate.

When to Call our Auto Fraud attorney for free advice

Our lawyers offer free vehicle evaluations over the phone or in person to determine the legal options that will best suit you. Our car lawyers will take the time to review your case and answer all your questions and advise on the steps to take to get justice.

Common Car Fraud Claims to Look For

If your dealer wasn’t truthful, you have the option to sue them and get your money back. Our fraud lawyers handle many types of cases which include, but are not limited to:

Typical Car Fraud Practices and Dealer Scams

In most cases, car buyers are not aware of a problem until our auto fraud lawyers go through the contract. Our lawyers combat dealers that use scams and deceptive practices on a daily basis. Our lawyers review each contract thoroughly to find evidence of dealer fraud. The most common types of vehicle fraud cases include:

When to Hire a Car Fraud Lawyer

Our auto fraud lawyers file lawsuits on behalf of car buyers when we see acts of dealer fraud. Our team of attorneys often finds evidence of a scam when a seller tries to conceal important information from the buyer. In most cases, the buyer isn’t aware of the problem until a lawyer reviews the history of the vehicle and the contract.

How to spot a Loan Fraudster

Car loan fraud is a common practice when financing vehicles. For that reason, our experienced car loan lawyers take on fraudsters and lenders that engage in bad business practices.

How to Find Signs of Fraud in your Auto Loan

There are many ways that car dealers exploit buyers who finance the purchase of their cars. For example, a car dealer may do the following:

Common Loan Fraud Scams and Tricks

Dealership fraud occurs when a dealer up-changes the initial monthly payment or interest rate to make the buyer pay more than what was agreed on. The dealer can make more money by altering the down payment.

What happens if a car is repossessed?

If you're a business owner, learn how bankruptcy can help a small business. If your car has been repossessed for failure to make payments, the sale price of your car at auction may not cover the balance that you owe to the lender.

How to negotiate a deficiency judgment?

You can try to negotiate a payment by calling the lender or the lender's attorney. Almost every lender's attorney will take your call, and at least listen to payment offers that you make.

What are the exemptions for a judgment?

All states have laws called "exemptions" that allow a debtor to protect certain types and amounts of property from judgment creditors. Exemptions vary by state, but common ones include: 1 some personal property, usually up to a dollar amount 2 a portion of your wages if you make under a certain amount 3 retirement accounts 4 some equity in your homestead (some states exempt the entirety of your homestead) 5 work or medical equipment, and 6 certain public benefits

What happens if you file Chapter 7 bankruptcy?

A Chapter 7 bankruptcy wipes out most of your debts, including a deficiency judgment after a car repossession. However, because of the relatively small dollar figure of an auto deficiency judgment, it may not make sense to file a bankruptcy just to eliminate it. But if you have other debts as well, and a bankruptcy is right for your financial ...

What are the exemptions for homestead?

Exemptions vary by state, but common ones include: some personal property, usually up to a dollar amount. a portion of your wages if you make under a certain amount. retirement accounts. some equity in your homestead (some states exempt the entirety of your homestead) work or medical equipment, and.

What is the head of household exemption?

Another common type of exemption is the head of household exemption, which protects the wages or bank account funds, up to a certain amount, of a debtor who is responsible for providing for a family.

What are state exemptions?

Use State Exemptions to Protect Your Property and Income From Collection. All states have laws called "exemptions" that allow a debtor to protect certain types and amounts of property from judgment creditors. Exemptions vary by state, but common ones include: some personal property, usually up to a dollar amount.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

How to fix a car that is under warranty?

It most cases, if your car is under warranty, you’ll have to take it to the dealer's service department for an assessment and repair. If the service department agent claims that the warranty doesn’t cover the repair, consider taking the following steps: 1 Speak with the dealer service agent's supervisor. 2 Take the car to another authorized dealer's service center.

What is lemon law?

Sometimes you get stuck with a new car that continues to have problems, despite many attempts to repair it. Many states offer special protections called “lemon laws” for consumers dealing with new vehicles with persistent problems. The requirements to prove a lemon law case vary by state so you’ll want to consult with a local consumer law attorney, or contact your state's attorney general's consumer division, for more information.

What is a warranty on a car?

Vehicle warranty. When you buy a car (especially a new car), the dealer or manufacturer promises to repair any defects within a specified period. This pledge is a “warranty” that is a part of the purchase price. For instance, a warranty might cover repairs or defects for the first three years or 36,000 miles. ...

What is the automotive consumer action program?

Many states have programs designed to help consumers with automotive issues. In Ohio, for example, the Automotive Consumer Action Program provides mediation assistance for dealer disputes, and in California, the Consumer Mediation Services Program helps new car owners resolve dealer disputes at no cost.

What is extended warranty?

A service contract, or "extended warranty," is separate, additional coverage that you elect to purchase. Unlike the vehicle warranty, it doesn’t automatically come with the car—you must pay for it. It’s common to finance the coverage (roll it into your loan) when you buy the car, but it’s possible to purchase it from another company ...