Complaint Repossession With Car In New York
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FAQ
Repo agents use personal details, social media, and tools like GPS trackers and license plate scanners to find vehicles. They can legally repossess cars from public spaces but cannot enter locked or gated private property.
Direct Dispute with the Lienholder: Even though the lienholder has refused to remove the repossession, consider sending them a formal dispute letter. In the letter, outline the timeline of events, provide evidence of the insurance payout, and explain why the repossession should not be considered a default on your part.
Reach out to the creditor immediately to clarify the situation. Provide them with all relevant information, including your vehicle's identification details and proof of ownership. It is crucial to assert your rights and inform the creditor that your car has been wrongfully repossessed.
If the towing company damaged your vehicle, then they would be responsible for paying for the damage. Because your bank is being difficult, I recommend contacting your insurance provider. They might have resources to track down the towing company to get the necessary information.
What Happens If the Repo Agent Doesn't Find Your Car? But if you make it hard for the repo agent to get it, then the creditor may use another method to get the car back, called "replevin." Replevin can be just as costly as a repossession, if not more so.
No. It is against the law in every state for a person engaged in a repossession to disturb any other personal property that is not the subject of the repossession (or located in the repossession). The can't open a locked gate and they can't move a vehicle.
After repossession, a consumer may have the option to redeem the vehicle before it is sold by paying the entire outstanding balance of the car loan, including interest, costs, and fees.
Bankruptcy Can Stop the Repossession Process Bankruptcy can sometimes help cancel the debt, or even allow you to stop the repossession process. After filing a bankruptcy petition in bankruptcy court, all creditors are prevented from making any further collection attempts.
Auto loan servicers must ensure that every repossession is lawful. If you believe your repossession is an error, contact your lender or servicer immediately, and if you're not able to resolve it, you can submit a complaint and/or pursue a legal action in court.
