My Car was Repossessed, What are My Rights?
Was your vehicle improperly or wrongfully repossessed? WHEN CAN YOU SUE IF YOUR CAR HAS BEEN REPOSSESSED?
- Did you receive proper post-repossession notice?
- Did you receive proper post resale notice?
- Did you receive a proper accounting?
- Was the sale done in a commercially reasonable manner?
- Did you receive any extra funds after the sale?
- Did the repossession company breach the peace in grabbing your car?
- Did the repossession company impersonate a law enforcement in any way?
- Did the repossession company use a fake court order?
- Were threats of forced used?
- Was a gun used or shown?
- Did the repo agent injure you or touch you?
You might have a claim if the repossession company or the finance company did any of these things.
This would apply to buy here pay here car lots also who finance and repo the car themselves
Wrongful Repossession – What are the rules? Consumer Fraud Act
There are basis rules that apply to repossessions. Repossessions are covered by the Uniform Commercial Code and the New Jersey Consumer Fraud Act. The specific act of repossession (breach of the peace) is covered and then the notices that are required under the Uniform Commercial Code. There are two distinct areas.
Within notices there are the pre-repossession notices, the two post-repossession notices, and the resale of the vehicle. The general provision of the Consumer Fraud Act also apply.
Wrongful repossession, resale of the car, New Jersey consumer law:
Under New Jersey law, a company repossessing a vehicle is not entitled to breach the peace while repossessing the vehicle. This means that the repossession company , among other things, cannot threaten physical harm, and potentially break any specified local, state or federal law while repossessing your vehicle.
As an example, if one were to prohibit the repossession company access to the vehicle and the repossession company were to assault or otherwise cause bodily harm to the individual objecting to the repossession, this would be a breach of the peace for which the repossession company and the finance company who contracted the repossession would be liable. This breach of the peace/non-delegable theory assures that the party who is ultimately benefiting from the repossession is subject to all the liabilities and the downsides of this repossession. It is only fair to charge the finance companies who are attempting to retake the vehicle with properly investigating and assuring that the vehicle is repossessed in a commercial and reasonable and proper manner under all applicable state and local laws.
In New Jersey is the finance companies are required to follow the Uniform Commercial Code with regard to the repossession of automobiles. The Uniform Commercial Code has an extensive set of rules with regard to repossessions, post repossession notices, post repossession sales, as well as accounting for these transactions.
The Uniform Commercial Code also has specific penalties and a fine like consequences for violations of the Uniform Commercial Code. These range from $500 to purchase price plus finance charges.
It depends on the type of a violation whether it be a notice violation when accounting violation. Nonetheless, the penalties are severe and very specific for violations of the Uniform Commercial Code. Usually these areas of litigation are ripe for class-action treatment.
- What is Wrongful Repossession?
- Do I Need a Repossession Notice?
- What happens to my car after is is repossessed?
- Can I Recover Money if My Car Has Been Wrongfully Repossessed?
- Does A Reposesssion Effect My Credit Rating?
- Can I file a Class Aciton For My Wrongful Repossession?
- Repossession Videos
- Wrongful Repossession and Breach of the Peace
- Wrongful Repossession Claims for a Consumer Attorney