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Wrongful Repossession Archives

The repossession man cannot 'breach the peace' to take your car

We've all heard stories about the repo man, and if you've defaulted on your auto loan, you could be in danger of having this person pay a visit to your home. In fact, in the case of most car loans, if you fail to pay the monthly payments, the owner of your debt has the right to send someone to repossess your property. However, you will have certain rights when dealing with the repo man. For example, repossessors cannot "breach the peace" when trying to take your property back.

Am I in danger of a vehicle repossession?

As soon as you discover you can't make your car payment or some other kind of secured loan payment, you should act swiftly. You need to do whatever you can to reduce the risk of having your property repossessed. One or two missed payments could be enough to put you on the list of a debt collector.

When is property repossession wrongful?

Having your home repossessed can be an extremely stressful situation to be in. You may find yourself in financial struggles as well as facing the prospect of being homeless. A creditor can only rightfully repossess your home under certain circumstances, and sometimes, mistakes are made.

When do creditors have the right to take my car?

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.

What rights do companies have to repossess in Minnesota?

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.

My car is in danger of repossession: How can I keep it?

Automotive repossession happens when you fail to pay your car payments on time. Usually, your bank will contact you via letter to notify you that you're late on your payments. Next, your bank will call you to ask if you're going to pay the money you owe and notify you of the threat that your vehicle will be repossessed. Following a predetermined grace period, the bank will then contact a repossession service and put in an order for the repossession of your vehicle.

When is repossession unlawful in Minnesota?

When you take out a loan in order to buy an expensive and important purchase such as a car or a truck, you will have a repayment plan that you must stick to in order to keep the vehicle. The small print in the credit agreement will outline the details of under what circumstances the lender is able to repossess the car.

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