Okay, what kind of property could he have recovered? Well, let’s consider the word “Recovery” for a second. The word suggests re-possession, which means that the creditor repossessing the property to ‘get it back’ must have owned it once in the first place. Sure, that makes sense, right?
Now if you buy a car on credit, you don’t really own it until you pay for it, the bank has it. See that point. Now, while it is true that you are in possession of the car, you do not own it, but have promised to pay it over time, and once it is fully paid, then it will be, when the bank sends you the pink sheet and remove your link in the car.
If you don’t keep making the payments you promised, the bank will want to get the car back. This is called recovery. Then they will either sell the car to someone else or auction it off.
What type of property can be recovered?
Everything you buy with a payment plan will come with a contract, one that you sign with a promise to make payments and pay interest. If you don’t pay the creditor or the bank, they have the right to get that item back or get it back. After all, they own it, not you. People buy things all the time when they promise to make on-time payments and sign a contract to do so. Do you think about the things you may have bought or are currently paying for?
Maybe you financed some furniture, a smartphone, or a car? Maybe you bought an RV, boat, jet ski, or some other toy? All of these things can be recovered.
If you installed an inset pool and bought it on credit, it obviously cannot be dug up and recovered, but the creditor could put a lien on the property and with a court order force you to pay.
If you don’t pay your house, the bank can’t get it back, but they can foreclose on it and with the help of the court force you to leave. Foreclosures may look like repossessions, as they amount to the same thing in your eyes, but they both have different legal definitions and different sets of rules.
Do I have legal protection during recovery?
Yes, you have protections by law during a recovery. A repo cannot touch you, except in self-defense. If they threaten you with jail or prison, it is a vain threat and it is actually against the law for them to make such threats.
A repository clerk cannot force you to get out of your car, or put your hand in your pocket to retrieve property. A repo cannot enter your backyard through your door, open it, and cut the lock to retrieve your car, nor can they enter your garage to retrieve the car. They can take it from a public parking lot or take it if it is parked in the driveway or on the street.
A furniture company cannot enter your home without your permission and retrieve your furniture if you don’t pay, but they can report it to the credit bureau and ruin your credit.
The repo company must first inform the police that they are going to repossess your car. In this way, the police know that it is not being stolen if you call and report it missing. A repo company may request a police escort to protect them while they recover the property they seek, but may deny them entry as it is a civil matter. The police are only there to keep the peace between the parties. The police cannot get involved, unless the company has a ruling and a court order.
Can I get my car back if it is repossessed?
The law provides you with a remedy to get your car back, if you pay the bank that finances it all the money owed, plus penalties, plus buyback fees. You can also negotiate with them to get a more favorable deal. It is recommended that you hire an attorney to support you in this case.
There are consumer credit laws on your side, but remember that the bank owns the car until it is paid for and the furniture credit company owns that furniture until you make the last payment as promised when you signed the contract to finance it. .
Law firms are there to help
Law firms know that people can find themselves in complex financial difficulties, often a series of problems that cause such situations. They can help you figure it out. Many offer a free 30-minute consultation. They can explain the law and your possible options.
If they can help, they will tell you in advance, if not, they will let you know as well. Being informed will help you make the best decision to obtain the most favorable financial result.