Car Repossession Proceedings

Many people in today’s economy are finding that they have bitten off more than they can chew, financially. You may have had an illness or injury that has affected your ability to work, you may have lost your job or may have had to take a pay cut just to keep your current position. When you get so far behind on your car payments, you have a high risk of a tow truck coming out of nowhere to take your car. Now, you have to pay a lump sum of money to get it back. Our Mississippi repossession attorney can keep repossessions from happening, and we can even get your car back if it has already been repossessed within 10 days.

More than 1.5 million people filed for bankruptcy last year to find relief from the constant pressure of being in debt. We have helped hundreds of people here in Mississippi wipe their slate clean so they can rebuild their credit and have a healthier financial outlook. We can help you too. Contact our Ridgeland bankruptcy attorneys at 601-202-9816 to schedule your free initial consultation.

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Stop Repossession

Seeing your vehicle being dragged away on the hook of a tow truck can be very disheartening, especially when you rely on it to get you to and from work, or for your job. Creditors don’t seem to have a lot of sympathy when it comes to the conundrum of “If I don’t have a car, I can’t make the money I need to pay you.”

If your car hasn’t been repossessed

If your car is in danger of repossession, then bankruptcy may be a good option and you should consult with a Mississippi repossession attorney. Filing a Chapter 13 bankruptcy will cause the automatic stay to go into effect. The automatic stay prohibits your creditors from taking any action to collect on their debt. Repossessions are included and all repossession efforts must stop once a bankruptcy case is filed. The automatic stay is designed to give you a breathing period so that you can get your finances in order. If you propose to pay for the car in a chapter 13 plan and you can afford the payment, then the creditor will not be able to repossess the car during your entire bankruptcy case as long as you keep the car insured and make your bankruptcy payments on time.

If your car has already been repossessed

Fortunately, you can sometimes get your car back by filing for bankruptcy. Finance companies have to wait 10 days before they sell your car or truck. If you contact us early enough within that 10-day window and start bankruptcy proceedings, we can stop the repossession process. If you wait past that 10-day window, we will usually be unable to retrieve your vehicle for you as it will have already been sold.

Vehicles that we have saved from the auction block include cars, trucks, motorcycles, boats, and recreational vehicles. One exception to this rule is for title loans. If you have a title loan on your vehicle, then bankruptcy cannot be used to get your car back after a repossession. If your car has not been repossessed, the bankruptcy will stop the creditor from repossessing it once the case is filed.

Call our experienced Jackson bankruptcy attorneys at 601-202-9816 or contact us online to learn more about how you can get your car back and get a fresh start.

Mississippi Repossession Law

Under Mississippi Repossession Law, an auto lender is allowed repossession of your car if you are late on the payments. Here, the word repossess means to take possession. Basically, the lender can seize your car without any warning or court order.

However, there are some limits to this law and you need to know them to protect your rights. One of the most stressful situations for anyone is the prospect of losing their vehicle. Especially in Mississippi, where public transportation isn’t a viable option. If you don’t have a car, you can’t get to work or to the doctor.

But the banks don’t care. They don’t have to wait until you are a few months behind to repossess your car. The banks are entitled to repossess your car even if the payment is just one day late. Lenders, on the other hand, are usually more lenient if you’ve fallen behind on the payment for the first time. In fact, you may even be able to go a few months before bringing it current.

But, in any case, you will be at the mercy of the lender. If they decide that they want to pick up the car they can! The lenders tend to be more aggressive if you have already defaulted in the past.

Learn more about how filing for bankruptcy can help you.

Give us a call to schedule your appointment

What Rules Must the Lender Follow?

Mississippi Repossession Law allows for self help repossession of car. That means that the lender can pick up the car without getting a court order or warning.

They can just send a tow truck to find your car! Or your car could disappear in the middle of the night! Even worse, they can take your car from the gas station parking lot while you are inside!

The only real restriction placed on the lender is that they cannot “breach the peace” to recover the car. This means they cannot act in a disorderly manner or destroy property.

So, if your car is behind a fence, they cannot break the fence open to get your car. If your car is behind a garage door, they cannot open the garage door to get your car. If you are inside your car, they cannot remove you. And they cannot take your car with you still inside of it.

When Can the Lender Sell Your Car?

After your car is seized the lender must follow a legal process to sell it. First, they have to give you 10 days to redeem the car. They must send you a letter letting you know that they plan to auction the car on a certain date. In order to redeem it, you must bring the loan payments up to date. If you bring the loan payments current then the lender must return the car to you.

You might think that the story ends there, but it gets worse. Even if the car is auctioned you could still end up owing a balance. There is a good chance that the price paid at auction will not be enough to pay off the full balance owed on your car. If so, you will still owe the difference. That is known as a deficiency balance.

The lender will then send you a letter demanding that you pay the deficiency in full. If you don’t, they can sue you. And if they win in court, they will be able to garnish your wages and bank account.

With us, you are never alone.

Our Mississippi repossession attorney from the Rollins Law Firm is committed to providing you with quality bankruptcy service. From the moment you walk into our Ridgeland MS office, you can rest assured that your needs will be met. We are by your side throughout the bankruptcy process, from filing paperwork to negotiating with creditors.

Can You Get Your Car Back If It Is Repossessed?

Yes, you can get your car back if it is repossessed! There are two ways to do that.

The easiest way to get your car back is to pay the loan current within the 10 days redemption period mentioned above.

But if you don’t have the money to do that, a Chapter 13 bankruptcy case can force them to return the car.

Our Jackson, MS bankruptcy lawyer has filed thousands of Chapter 13 cases. A Chapter 13 bankruptcy is a legal case that reorganizes your debts. It can be used to lower your monthly payments and eliminate certain types of debts.

It is only possible to get a repossessed car returned as long as you file the bankruptcy case before the lender auctions the car. Repossessed cars are usually auctioned 10 days after they were repossessed, but sometimes the lender may wait a little longer.

What Is Wrongful Repossession?

Wrongful repossession is a type of legal case where you can sue your lender for not following the repossession rules.

The most common reasons for filing this type of case include:

  • Repossession of a car when the payments are up to date
  • Damaging property to gain access to a car during the repossession
  • Repossession of a car while a person is in the car
  • Injuring someone while trying to repossess a car

If your car was wrongfully repossessed, then you could be entitled to damages. Call The Rollins Law Firm to discuss your wrongful repossession claim!

Can You Hide Your Car from the Repo Agent?

While it isn’t a good idea to hide your car from the repo agent you don’t have to make their job easier. If your car is always kept inside a garage then you can leave it there. They can’t open a garage door to take your car. If they did, that would be a breach of the peace.

Hiding your car at a friend or family member’s house is a risky option. The lender will keep looking for your car and will either take it from your work or track down your relatives. The lender can also sue you for replevin if they can’t find the car. If successful, they would have a court order for you to return the car.

A judge will not look favourably on you if the lender can prove that you hid the car. In that case, you could be opening yourself to a fraud or criminal suit. Hire a Jackson, MS bankruptcy lawyer and say goodbye to your financial troubles!

With us, you are never alone.

Our Mississippi repossession attorney from the Rollins Law Firm is committed to providing you with quality bankruptcy service. From the moment you walk into our Ridgeland MS office, you can rest assured that your needs will be met. We are by your side throughout the bankruptcy process, from filing paperwork to negotiating with creditors.

Learn more about how filing for bankruptcy can help you.

Give us a call to schedule your appointment

Testimonials

They made the process so easy to complete

The Rollins firm assisted me at a very low point in my life. After having a lot of medical issues and expenses, I found myself unable to make ends meet. Mr. Rollings and his staff worked very promptly to help. They made the process so easy to complete.

Vinester Smith

Helped me through a very stressful time.

Helped me through a very stressful time. Mr. Rollins and his staff have been very nice and professional. They are always very quick to respond to any questions I may have. I would recommend Rollins Law Firm to anyone.

Kim Ainsworth

Relieve your financial worries and get you back on the right track!

My wife and I were in an impossible financial situation where over time, we had built up so much debt that we could no longer keep up with all the payments. We were getting further and further behind until we reached out to the Rollins Law Firm for help. They have the knowledge and expertise through their experience to handle our particular situation. Their entire team of professionals are always available to answer questions, explain your options, and then provide the legal service that you need to relieve your financial worries and get you back on the right track! I recommend the Rollins Law Firm to anyone who needs help to deal with financial struggles.

Mike Zegelien

I’m feeling a lot better about my financial future and thankful for all their help.

I went into Mr. Rollins’ law firm not knowing what to expect. After my first meeting with his team, I knew I made the right decision to contact his office. Everyone was knowledgeable and very willing to answer any questions and prompt with their responses. I’m feeling a lot better about my financial future and thankful for all their help.

Dawn Barfield

The Rollins Law Firm has made filing for bankruptcy very easy and understandable for me and my husband

The Rollins Law Firm has made filing for bankruptcy very easy and understandable for me and my husband. We are young and clueless about a lot, so having them walk us through literally everything has been great! The staff is wonderful and very responsive. We have never waited long for a call, text, or email back. We want to thank Breanne, Alex, Grayson, and Mr Rollins himself for such a positive experience. Of course, bankruptcy isn’t a good thing but when it’s your only option, this is the firm you want to use! It’s been affordable and quick. We are super pleased with the experience from the time we first called their office til today after filing with them!

Rebecca Harvey

The Rollins firm went above and beyond helping me

The Rollins firm went above and beyond helping me with my situation during the on going covid 19 crisis.

Owens Booker

I had a wonderful experience

I had a wonderful experience. The staff were nice and very informative. The process was quick and easy. Very affordable for me being a single parent. Would recommend anyone there.

Lashay H

Rollins law firm made it easy and less stressful!!!

Some of the nicest people I’ve met. Very patient, kind, and helpful. They helped me through a very difficult situation. Filing bankruptcy is very challenging and the people at Rollins law firm made it easy and less stressful!!! I thank you guys so much for all of your help through this difficult situation!! I will recommend this firm to anyone considering bankruptcy!!

Stephanie Harris

Rollins Law Firm has gave me hope during a dark time

I was searching the web for information in on filing bankruptcy and discovered Rollins Law Firm. My situation was so uncertain and overwhelming but after consulting with Grayson, Jennifer, and Alex at Rollins Law Firm has gave me hope during a dark time. I am grateful for the help that I received and recommend Rollins Law Firm to anyone that is having difficulty with debt and don’t know where to start. There is a rainbow at the end of every tunnel. 🌈🌈❤️❤️

Courtney Crawford

Fast response and professional advice

Fast response and professional advice. Really great to work with and understand what a difficult time in one’s life this is. Will recommend to anyone

Bryan Aust

They are the most respectful people

They are the most respectful people. They are about their business. I couldn’t have chosen a better Law Firm! I would refer them to anyone! Job well done

Beverly Wilson

Definitely give this place your business, you wont regret it!

I used this firm in April and was blown away by how simple they helped to make the process for me. Every question I had, no matter how repetitive it was, they answered. I worked with Jessica a lot and she was amazing. Very patient and knowledgeable! If i could give them more stars I would. Definitely give this place your business, you wont regret it!

Natalia Ramsey

They answered all my questions and didn’t make me feel stupid for asking them

This firm is amazing Mr. Rollins, Alex, Grayson, Jessica, and the whole crew. They answered all my questions and didn’t make me feel stupid for asking them. I met with a couple of attorneys about my situation and none of them came close to being as thorough as Mr. Rollins, save yourself the time and effort, no need to call a thousand attorneys, choose the Rollins law firm and get your financial life back.

Jonathon W

Rollins Law Firm was there every step and explained it all in a way that was easy to understand

This process is a hard decision to make.  Rollins Law Firm was there every step and explained it all in a way that was easy to understand.  They answered my questions, sent me emails and text messages with information and appointment reminders.  There were some videos and a booklet that was very very informational and helpful to me.

Lauren Primeaux