Oakland Repossession Attorney
Experienced Bankruptcy Lawyer - Call (877) 969-7482
If you have defaulted on a loan to a lender or creditor, you may be at risk of repossession. While almost any item that you have purchased on credit could potentially be repossessed, vehicles are some of the most commonly repossessed items. In order to protect yourself and your rights as a consumer, it is important that you speak with an attorney. At our firm, we have an in-depth understanding of the laws as they pertain to repossession and we may be able to help you as well. At Kostopoulos Bankruptcy Law, we are proud to offer experienced representation and dedicated legal counsel to individuals looking to protect their property or get their property back after repossession.
When you work with a bankruptcy attorney in Oakland from our team, we will immediately begin to investigate your situation. We will review with you the laws that govern consumer rights and ensure that your rights were not violated in any manner during the repossession process.
Repossession Laws in California - Beware of Unlawful Repossessions
Under federal and state laws, your rights as a consumer are protected. The Federal Trade Commission mandates and regulates the laws governing consumers' rights, and if your rights have been violated in any manner, Kostopoulos Bankruptcy Law may be able to help you. When your vehicle or any other property is repossessed, the repossession company must operate fairly.
Know your rights if you are facing repossession:
- Notice is required by law: While it is technically legal for a lender or creditor to repossess a vehicle even if you have defaulted by one day on your payment, they must also send you and any cosigners on your loan a post-repossession notice.
- Recovery of vehicle: In most situations, you will have the right to recover your vehicle if you pay any past loan amounts and impound or storage fees associated with the repossession. If no payments from you are obtained, the vehicle could be sold at auction and used to repay the balance of the debt.
- Repossessions must be done without breach of peace: Agents must repossess property without breaching the peace, otherwise you may be able to sue for damages. This means they are not allowed to enter private property without permission or enter a locked storage or garage facility to repossess items. A vehicle cannot be repossessed from you while you are driving, such as by having you pull over, or involve law enforcement officers. Property cannot be damaged in the repossession process, and repossession professionals may not threaten you or make violent or physical contact with you.
If you believe a company engaged in wrongful repossession of your vehicle, contact an attorney immediately.
Searching for a lawyer to fight repossession in Oakland?
Bankruptcy can protect your property in a few different ways. First and foremost, bankruptcy places an automatic stay on all of your accounts. This means that even if you have defaulted on a payment or loan, a vehicle or property cannot be repossessed once a bankruptcy petition has been filed. If a vehicle has been repossessed prior to you filing for bankruptcy, you may be able to have your vehicle returned if you act quickly. Of course, each situation is unique, and an attorney can provide you with more information regarding your personal situation and what the best possible legal actions may be.
If you have questions or concerns about repossession and bankruptcy, contact Kostopoulos Bankruptcy Law today to speak with an experienced bankruptcy attorney in Oakland, we would be happy to help - (877) 969-7482.