CLICK FOR A FREE CONSULTATION

OR call us at 602-456-6085 today.

Falling behind on a car loan can result in the lender repossessing the vehicle. While it is possible to stop repossession by filing for personal bankruptcy, protecting a car from the creditor may only be temporary. It is important to understand the rights a creditor has to repossess a car during a Chapter 13 bankruptcy and a Chapter 7 bankruptcy.

Consumer assets that are not protected by state or federal law are sold in a Chapter 7 bankruptcy to repay creditors. Lenders of auto loans usually file liens against the vehicles. This makes them secured lenders and gives them rights to the vehicle that supersede those of other creditors when the court releases the vehicle from the automatic stay.  If the time comes that your vehicle is in jeopardy of being repossessed, do not panic, you still have rights.  Repo men must follow the law when taking your personal property.

Repo men have many tricks in locating your vehicle but generally are not allowed to use force when doing so.  Typically, repo men will wait until you have gone asleep or have left your vehicle for an extended period of time.  Regardless, they are not allowed to “breach the peace,” a term that is defined broadly.  Hotwiring vehicles or using duplicate keys are usually legal.  Further, courts have found it to be legal to repossess cars in open garages (door is up), or carports.  However, if the garage door is down or there are locks, the courts will likely find it to be illegal.

If you ever happen to catch a repo man in action, make sure you object or someone else (family, friend) at that time.  Repo men do not have all encompassing power.  Once there is an objection the repo man must stop, or it will be a breach of peace.  With that said, do not act in a way that will put yourself or others in harm’s way.  However, the repo man can try again another day.

Also, you should be aware that the repossession company is not entitled to your personal property found inside your vehicle.  The creditor must use reasonable care to make sure your personal items are not lost or damaged.  If your creditor can’t account for articles left in your vehicle, you may want to speak to an attorney about your right to compensation.

Finally and perhaps most important, you may still be able to get your repossessed vehicle returned to you by filing a Chapter 13 bankruptcy.  In order to accomplish this, you need to contact a Chapter 13 bankruptcy attorney AS SOON as possible after the actual repossession to learn about your options.


Read more about our bankruptcy services…

 

Ways we can help…

Receive a FREE Consultation
Bankruptcy Attorney Clients

Receive a FREE Consultation

Use the form below or call us at 866-703-3287 today. We’re here to help.

Our Locations

  • Phoenix Office – New
    Wright Law Offices 
    2999 N. 44th St., Ste 600
    Phoenix AZ 85018 

    Telephone: 602-456-6085 / 866-703-3287
    Phoenix Law Office
  • Phoenix Office – Old
    Wright Law Offices 
    668 N. 44th St., Ste 320
    Phoenix AZ 85008 

    Telephone: 602-456-6085 / 866-703-3287
    Phoenix Law Office
  • Scottsdale Office 
    Wright Law Offices 
    7135 East Camelback Road, Ste 230
    Scottsdale AZ 85251 

    Telephone: 480-845-0145 / 866-703-3287
    Scottsdale Law Office

  • Tempe Office 
    Wright Law Offices 
    2238 S. McClintock Dr.
    Tempe AZ 85258 

    Telephone: 480-845-0145 / 866-703-3287
    Tempe Law Office

  • Avondale Office
    Wright Law Offices 
    12725 W Indian School Rd, Suite E-101
    Avondale AZ 85392 

    Telephone: 623-258-4480 / 866-703-3287
    Avondale Law Office

  • Mesa Office
    Wright Law Offices 

    4856 E. Baseline Rd.
    Suite #104
    Mesa, AZ 85206
    Telephone: 480-845-0145 / 866-703-3287
    Mesa Law Office

  • Glendale Office 
    Wright Law Offices 
    20325 N. 51st Ave., Suite 134
    Glendale, AZ 85308
    Telephone: 623-258-4480 / 866-703-3287
    Glendale Law Office

What our clients are saying…

TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.

Tara
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!

Steffanie
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.

Damian
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.

Shannon
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.

Jenna