Wrongful Repossession Attorney, Wrongful Repossession Lawyer. Your wrongful repossession Rights.
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
If your car is wrongfully repossessed the effects can be devastating.
There are devastating effects on your credit, there are devastating effects on your credit rating, their devastating effects on your family life.
• How are you going to get to work?
• How are you going to get your kids to school?
• Would you going to do about getting your car back?
• What’s going to happen when you go to buy a new car?
• Should have filed bankruptcy?
• Should I get a lawyer who handles wrongful repossessions?
• What do I do in the future?
• Should I negotiate with the finance company?
• How do I get my car?
• How do we get the goods in my car?
There are so many questions need to be addressed you need to contact an attorney or lawyer that handles wrongful repossessions in New Jersey.
A consumer attorney who litigates wrongful repossession cases can help you answer all these questions. The main thing is, you must understand, that the effects on your credit can be devastating. A finance company would usually report the repossession immediately which will affect your ability to get/finance another vehicle after this vehicle is been repossessed. Since the effects are devastating on your credit the law provides you with numerous remedies for wrongful repossession cases. If you can ascertain what the damages are pertaining to your credit, if you can demonstrate some loss, you will be able to sue the finance company on a wrongful repossession for damages that you might have sustained.
The law recognizes that to some damages might not be that ascertainable or definable were easily to establish. So there are various provisions in the law in New Jersey, as well as other states, that set a formula for damages. This means for certain types of repossessions there are certain monetary damages set forth and established in writing, by rule of law. The legislature has made a determination that if your vehicle gets repossessed you have certain rights and the finance company or the individual or entity was wrongfully repossessed vehicle owes you certain amount of money. In short, the damages are usually the finance charges attributable to the loan, during the term of the loan if a vehicle is wrongfully repossessed by, as an example, breach of the peace. There are other statutory damages, $500, for other violations in the context of repossessing a vehicle.
A consumer attorney that litigates wrongful repossession cases, or a consumer lawyer that litigates wrongful repossession cases would be able to explain these rules, procedures and damages available to you or the individual who has had their vehicle wrongfully repossessed. The repossession can affect your entire life and your entire family’s life. It is imperative that you understand your rights and understand what you can do if a vehicle has been wrongfully repossessed.
You need to protect yourself and you need to understand what to do if this happens to you. Try calling the finance company, get somebody competent on the phone, and try and talk to them about the consequences to your life about a repossession. What you think their response will be?
It would be much more effective to get a consumer attorney to contact the finance company to represent you in one of these matters. Once a consumer attorney contact the finance company or in the repossession agent your matter will race to the top of their list. At a minimum, hopefully, the attorney can speak to somebody who was in charge and take appropriate action with regard to protecting your rights, assuring you can go forward if you have been damaged and reviewing the finance company procedures.
Many times the finance company is not even aware as to what the proper procedures are and required under New Jersey law. New Jersey law has some very specific requirements with regard to the repossession of vehicles. The consumer attorney would be aware of these specific requirements under New Jersey law to maintain a claim for wrongful repossession.
As an example, a repossession company, acting as an agent for the finance company, cannot reach the peace.
• They cannot pull a gun
• They cannot threaten to injure you
• They cannot commit a crime
• They cannot damage her car
• They cannot damage of property
• They cannot get the police involved as this is a breach of the peace
• They cannot lie to you by showing you a false court order
• They cannot represent themselves as the police
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.
The law office of Jonathan Rudnick LLC, a consumer law office, litigates wrongful repossession claims on both an individual and class action basis. Jonathan Rudnick has litigated both individual and class action cases against various finance companies in the state of New Jersey
- 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?
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