Vehicle Repossession Legal Options

Summary

If your vehicle was repossessed in Tennessee, lenders must inform you about the repossession and sale. If a deficiency remains, lenders can sue. However, if the lender breached peace or didnt follow proper procedures, you can challenge this. Breach of peace includes using physical force, removing a vehicle from a closed garage without permission, or causing property damage. Disputing repossession can potentially reduce or eliminate the deficiency, or even get your car back. Filing a complaint might be a first step before considering bankruptcy, which has its own costs and benefits. If you cant afford bankruptcy fees, explore pro bono services, fee waivers, or payment plans. Being unemployed might help in getting a fee waiver for Chapter 7 if your income is below 150% of the poverty line. Consult a local attorney for personalized advice.

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I had a vehicle reposessed in september of last year. The loan company and I had been working out an arrangement to bring my account current. We emailed back and forth daily and the last email they sent me was offering me this loan adjustment deal where they would lower my interest rate, which would lower my total pay off, and bring my account current if i could pay a down payment of $*.*. I agreed to this immediately. They responded letting me know they would have the new contract written and sent to me to sign by monday. I did not hear from them monday and at *:30pm on Tuesday, a tow truck pulled into my driveway to take my car. It was the only car i had and i had to pick up my 7 year old from school in an hour so I told the driver no, he could not take my car. I called the loan company and a very rude lady got on the line saying she was the manager and refused to let me pay anything right then to keep my vehicle, she laughed at me while i cried telling her i had to get my daughter and asked about the deal i thought we had set up. She laughed, and refused to let me do anything. She told me to give my phone to the tow truck driver so she could tell him to take the car without my permission. I told her i wasnt done speaking with her, she threatened that if i didnt hand him my phone, she would deny any request i made later on for assistance in getting my car back. Now they are threatening to take me to court for whats due on the car. The loan plus all their added fees and interest was for $*,*. They sold the car for $*,*. What can i do
I'm sorry to hear about your situation, ****. Can you please tell me which state you are located in? This will help me provide relevant information about your rights and potential legal avenues.
Tennessee
I'm sorry to hear about your situation, ****. In Tennessee:
- Lenders must inform borrowers about vehicle repossession and sale.
- If a "deficiency" remains after the sale (like your $*,*), lenders can sue.
- However, if the lender breached peace or didn't follow proper procedures, you can challenge this.
Seek legal advice immediately to protect your rights.
What do you mean breached peace?
"Breach of peace" in the context of repossession in Tennessee refers to:
- Using physical force or threats of force.
- Removing a vehicle from a closed garage without permission.
- Causing damage to property during repossession.
In such cases, you may have legal grounds to dispute the repossession.
What happens when you disputs the repossesion?
In Tennessee, if you dispute the repossession:
- You can file a complaint in court.
- If the court rules in your favor, you might reduce or eliminate the deficiency.
- You could potentially get your car back or receive compensation.
Consult a lawyer for personalized advice.
I was considering filing bankruptsy, should I try filing a complaint first?
Filing a complaint can potentially help rectify the situation. However, bankruptcy also has its benefits:
- Wipes out unsecured debt
- Halts collection calls & lawsuits
- May allow you to keep your property
Consult a bankruptcy attorney to make an informed decision.
What does it cost to file bankruptsy
Filing for bankruptcy in Tennessee typically involves these costs:
- Court filing fee: Chapter * ($*), Chapter * ($*).
- Credit counseling and debtor education courses: Around $*-$*.
- Attorney fees: Vary widely, average $*,*-$*,*.
Always confirm the exact cost with your attorney or court.
Are there any options for someone who cant affort all of that? I mean, obviously im not financially secure if im filing bankruptsy.. how can i possibly cover thousands just to file?
In Tennessee, if you're unable to afford bankruptcy filing:
- Consider pro bono services or legal aid societies.
- Explore fee waiver for Chapter * if income is below *% of the poverty line.
- Payment plans may be available for Chapter *.
- Some courts offer fee installments.
Consult a local attorney for detailed options.
Im unemployed so does that help or make it worse
Being unemployed might help in getting a fee waiver for Chapter * bankruptcy in Tennessee if your income is below *% of the poverty line. Kindly consult a local attorney to explore this and other potential options.