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Fighting Auto Repossession

How to Fight Auto Repossession in Philadelphia

Understanding Pennsylvania's Repossession Laws

Under the Pennsylvania Motor Vehicle Sales Finance Act, a creditor can legally repossess your vehicle if two conditions are met. First, they must be able to show that you have a contractual obligation to repay them. Second, they must be able to show that you have failed to make necessary payments in a timely manner. This means that you could be subject to repossession after defaulting on one or two monthly payments—although this is not particularly common.

In accordance with the law, however, creditors are prohibited from taking such action if, in doing so, they must beach the peace. They are allowed to repossess your vehicle without your consent, but if you are present and willfully objecting, they must forfeit their efforts for the time being. Should they break into your garage or repossess your vehicle after you have presently objected, they could be charged with a misdemeanor.

Reinstating Your Purchase Contract after Repossession

Once your vehicle has been repossessed, you may have the opportunity to reinstate the purchase contract. The creditor is legally required to provide you with a notice of repossession immediately after taking the vehicle, which will state whether or not you have this right. If you do, they will provide you with an itemized statement of just how much you will need to pay in order to reinstate the contract and retrieve your vehicle.

Since the creditor can sell the car 15 days after providing you with notice of the repossession, you will only have two weeks to pay the designated amount. If you are able to do so, the creditor must return the vehicle within 10 days. If you are unable to do so, however, the creditor will have the right to sell the vehicle through any means that they see fit—which also applies to personal property that was in the car, as you would have 30 days to claim it before it is sold.

What if my car hasn't been repossessed yet?

If your car has not been repossessed yet, but you are fearful that such action is imminent, it is imperative that you enlist the help of a Pennsylvania debt collection defense lawyer from The Law Office of Michael P. Forbes, PC as soon as possible. Our firm can protect you from unlawful repossession and help you to negotiate with creditors, so there is no reason why you should wait any longer to retain the professional guidance that you will need. We understand that your vehicle may be an integral part of your livelihood, so we will work diligently to protect you from this devastating loss.

Visit our blog for more information regarding auto repossession and your options.

All you need to do is contact our firm today at (610) 991-3321 or submit an online contact form to get started. We represent clients in Pennsylvania.

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