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.
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.
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.
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