When do creditors have the right to take my car?

On Behalf of | Sep 21, 2018 | Wrongful Repossession

If you have an asset on credit, for example, if you are paying off a loan on your car, or have a mortgage on your house, legally, it is not really yours. Therefore, you must keep to the terms of the loan repayments if you do not want your creditors to take action against you.

While, in theory, creditors have the right to be able to repossess an item that you have not been paying for, the situation is slightly complex because of other laws, such as your right to have your property secured and your right to refuse entry to trespassers. If you have not paid off a loan on a couch, for example, creditors would be breaking the law if they tried to break in to your property in order to retrieve the couch.

Can my car be repossessed if I have not been keeping up with repayments?

The difficult thing about cars and repossession is that the car is not always going to be on your private property, so creditors have a better chance of retrieving it than they do to reclaim, say, a couch. They tend to make more attempts and invest more time into trying to repossess cars that have defaulted on their loans.

If you believe that you car has been wrongfully repossessed, you should ask yourself whether you think that the creditors or their affiliates broke into your property in order to take your car. If they did, you may be able to take action against them.

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