When you are under threat of having a possession repossessed, it is likely that you feel stressed and somewhat powerless to do anything about it. If you are in a situation such as this, it is very important that you take the time to understand how the law works in the state of Minnesota and what rights you have.
Wrongful repossession is surprisingly common, and people often make successful claims when repossessors break the rules. So it is always useful to know the definition of wrongful repossession and the rights that repossessors have.
How does repossession happen?
When items are bought under certain terms, for example when a home is bought with a mortgage contract or when a car is financed, the creditor still has certain rights to the asset until the debtor has paid off the loan under the terms set out. Therefore, if the debtor misses payments, the creditor can begin the repossession process.
What are the rights of the creditor?
The creditor has the right to repossess property without a court order if this is written in the contract at the time of the purchase. In almost all situations, the creditor has the right to begin the repossession process almost immediately after a missed payment. However, they do not have the right to breach the peace or to enter private property.
If you are unsure of whether you have become a victim to wrongful repossession, it is important to learn more about the details of the law in the state of Minnesota and to take action when you believe it is necessary.