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What are my rights if a commercial vehicle is illegally repossessed?
Wiki User
∙ 9y ago
Well, first, you'd have to explain how the repossession was illegal. There really isn't any such thing as "illegal repossession"... repossession is a legal process by which a lien holder can recovery property which does belong to them in response to a delinquency of payment or violation of the contract.
A vehicle which has no grounds for repossession but was taken was not repossessed - that's theft, plain and simple, and if that's the case, then you'd file a police report, an investigation would commence, arrests would be made, and you'd either recover your vehicle or get an insurance payment if the vehicle was unrecoverable. I'm guessing that's not the case, since you're asking this question here.
State laws on time which a delinquency must continue for before seizure of assets can be made varies by state... if this law was violated, then you're going to have to lawyer up and take the legal route against the lienholder (the repossessor is not liable in this instance, as they are contractors following the instructions of the lien holder).
A criminal act on the part of the repossession agency has occurred if...
- A locked gate is breached in the course of the repossession.
- A secured building is unlawfully entered in the course of the repossession.
- A vehicle other than the one being repossessed was entered without permission during the course of the repossession
- Property damage occurs during the course of the repossession.
- In the case of a commercial vehicle, a cargo payload is taken with the vehicle.
- A trailer attached to the repossessed vehicle which itself is not up for repossession is taken with the vehicle.
In those instances, a police report needs to be filed. However, if the repossession itself is legit, that still won't get you the vehicle back.
Wiki User
∙ 9y ago
Wiki User
∙ 9y agoIt depends on the legislation where you live
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What are your rights to property in your vehicle once it is repossessed in NJ?
You rights are to GET IT BACK, PP is not subject to the security interest on the car.
Does a finance company who has repossessed your vehicle have any rights to your new car that is financed by another lender?
No
What if bank did not notify you of the sale date on the repossessed vehicle?
They do not have to notify you. You have no legal rights regarding car.
What rights does a person have when personal items go missing from a repossessed vehicle?
First, you have the burden of proof it was in the vehicle. This is nearly impossible unless you have photos of it in there as they took it. Judges are not sympathetic to those repossessed as there are so many who claim valuables lost while in impound or when repossessed. You will likely not be paid anything. Sorry, but the way the cookie crumbles.
Is There Anyway To Get Illegally Married In The UK?
There is no way to get illegally married and then acquire any of the legal rights of marriage.
What rights do you have to the personal effects in your car after it is repossessed?
You have the right to reclaim personal property during the normal business hours of the establishment where the vehicle is impounded. The company storing the vehicle must take inventory of and proper protection of such property under the "in bailment" laws of the state where the vehicle was seized.
Can a vehicle get repossessed if you are up to date on insurance and all payments?
Not usually, but extenuating or complicated circumstances might apply. I suggest you see a lawyer or consumer rights group (like the BBB).
What are your rights when it comes to a car that just has a payment for half of the remainder owed and the private party it was being bought from has repossessed it for personal reason?
If the repossession occurred in a state that does not permit self-help repossession, report the car stolen; it cannot be legally repossessed. Louisiana and Wisconsin are two of these states. If you can show legal possession of the vehicle, and on time payment, report the car stolen. It cannot be legally repossessed in any state unless the debt is delinquent. If you do not wish to involve LEO's immediately, contact the private party who "repossessed" the vehicle and explain that if it is not returned within a reasonable amount of time, that you will report the vehicle stolen and give his name as the party responsible. There is no legal "personal reason" for repossessing a vehicle.
Can a lienholder repossess a car if it is not in default but in the impound?
As long as you continue to make the payments, they would have no reason the instigate a repossession. When a vehicle is financed or leased, the creditor has an interest in the vehicle and rights under the contract you signed. If you are in default of the contract either by default in payment or otherwise (failure to insure or other terms) the vehicle can be repossessed.
What are your rights if your vehicle was repossessed paid for within allotted time but sold by Auction also vehicle missing standard issue parts and extra miliage incurred?
Contact a local attorney for state/case specific advice. Please have all your paperwork and any proof of the "damages" when you do.
Debtor's rights to there personal property in a repossessed vehicle.?
It depends on the state in which you reside. Most of the time, if the personal property is permanently affixed to the vechile (stereos, tires, etc), you have no rightful claim to them. Items that are loose in the vehicle such as cell phones, books, CDs, etc, have to be returned to you at no cost.
What can you do legally if your camper has been repossessed without anyone notifying you?
Very little ! If you default on the payments, the finance company are quite within their rights to confiscate the vehicle. The camper does not become your property until you have made the final payment !
