What Is Repossession?
Repossession is the legal term that refers to the act of taking back property, either through a judicial process, court order, foreclosure, or self-help, after the consumer has failed to fulfill their legal and financial obligation to make the required payments.
In the case of auto loans, when an individual signs an auto loan agreement, they are not only agreeing to make specific payments each month, they are agreeing to the fact that the creditor may repossess the vehicle if they fail to make those payments.
PA State Law on Repossession of a Vehicle
The repossession of a vehicle, however, must be accomplished in a very exact manner. In fact, the state of Pennsylvania is extremely strict when it comes to the laws and procedures pertaining to the repossession of vehicles.
Although creditors are not required, under Pennsylvania law, to give a warning notice indicating they are coming to repossess your vehicle, they are required to:
- First, obtain your permission to repossess the vehicle (providing you are present at the time)
- Next, to repossess the vehicle without breaching the peace
If you refuse to turn over your vehicle, the creditor is required to obtain a court order before they can take possession of the vehicle. If the creditor breaks the peace, or any other law, in the process of trying to repossess your vehicle, they could be found guilty of a misdemeanor.
If you or a loved one has had your vehicle repossessed, or you fear your vehicle may be repossessed in the near future, I advise you to contact the Law Office of Michael P. Forbes, PC right away. The most effective defense against auto repossession in Pennsylvania is having a skilled Pennsylvania Debt Collection Defense Lawyer on your side.
When you contact my firm, I will be able to review your situation, inform you of your rights, and provide you with the aggressive defense you need in order to help you fight a wrongful repossession. I understand that having your vehicle repossessed can be a frightful and embarrassing experience. It can also have a negative impact on your creditworthiness, your career, and your future.