Self Help - Repossessions

Please Note

 

 

Nothing on this web site should be viewed as creating an attorney-client relationship between you and our law firm, or any of our attorneys. The information here is general in nature and should not be viewed as applying to your specific circumstances. Only a qualified consumer rights attorney can advise you about your specific situation. Hyde & Swigart are California consumer rights attorneys. State laws, and the interpretation and rulings on federal laws, are different in each jurisdiction. If you feel you need consumer rights legal advice, contact Hyde & Swigart at (619) 233-7770 for a free consultation.


It is the opinion of Hyde & Swigart, that if you are behind on your car payments and think your car is about to be repossessed, you need the advice of an attorney dedicated to advocating for you and your consumer rights. That is what we do at Hyde & Swigart. We don’t charge you to discuss your case, and we don’t charge you attorney fees or costs unless we prevail on your behalf. If you have been abused by a repossession agency, you need not fear calling us. We will listen to you, tell you if you have a case, and give you some options - all at no charge. If you feel your rights are being violated, we urge you to call us at (619) 233-7770 for a free consultation.

However, there are things you can do to fend off abusive repossession employees. Even if you eventually intend to call a consumer rights attorney, these steps will probably help your case.

(1) Keep all your paperwork. That means statements, letters, checks, etc.

(2) Make your payments on time. Do not think that because they did not repossess your car a few months ago when you were behind they will not do it now. They very well may.

(3) Pay in advance. If your payments are due on the tenth of each month, tell yourself they are due on the first. Paying at the last moment is a formula for disaster.

(4) Setup an "auto pay" payment plan with your bank or the finance company. Your car will get paid off on time and that is good for your credit.

(5) Do not pay by phone. Do not give them your checking account number. Do not pay by a post dated check.

(6) Get "agreements" in writing. Often, finance companies will tell you that you can have until a certain date to make a payment. If you have such an agreement, get it in writing. They will claim later that there was no such agreement unless you do.

(7) Do not hide the car. If you hide the car the finance company does not have to let you reinstate.

(8) Keep the car insured. It is the law.

(9) If you are behind on the payments, do not drive the car until you pay up the back payments - keep it in a locked garage. (This is not "hiding" the car.) Do not simply leave it in your driveway - it will get towed.

(10) If a repossession employee gets into an altercation with you while repossessing your car, call the police and make out a police report, then call an attorney right away.