icon

Attorney in Mountlake Terrace

Repossessions

repossessionsAre you currently in debt to a bank or other lender? If your debt is secured, one of the penalties you may be facing is the possible seizure of your home, car, or other personal property.

The Firms assists consumers in matters involving the seizure of personal property, including car repossessions, seizure of manufactured homes, repossessions of rent-to-own appliances, and threats to seize household goods.

Repossession or seizure of your property is one of the most traumatic economic events that can befall a family. Repossession or seizure often means loss of the car that a wage earner relies upon to get to work or that a parent needs for basic needs such as shopping and medical appointments. Or, a family may lose a manufactured home the family relies upon for shelter. Helping families avoid repossession can save them from economic catastrophe.

By assisting consumers in repossession matters, the Firm also deters overreaching and fraud. Debtors often end up owing deficiency judgments because they were cheated in the underlying transaction. The debtor may have been sold a car with concealed defects that was not worth half the contract price. Or, the seller may have slipped overpriced add-ons into the contract. If the seller repossesses and resells the car, the resulting deficiency will be a reflection of the amount the buyer was overcharged. Preventing the seller from obtaining a deficiency judgment means that the seller does not profit—or at least profits less—from this fraud or overreaching.

This systematic overreaching and fraud can include such matters as low-price repossession sales to insiders; “swallowing” of surpluses; “churning” operations in which the same car is sold to and then repossessed from multiple debtors; failure to give required rebates when calculating deficiencies; illegal threats at the time of repossession; and failure to give required notices to debtors. Violations like these may be suitable to challenge in class actions, and significant statutory damages may be available for each class member. Even in individual actions, evidence that the secured party has repeatedly engaged in the same wrongful conduct can help establish wrongful intent and, where appropriate, additional damages.

You can contact an attorney in Mountlake Terrace WA to get a legal opinion on your matter. The Firm is here to help you fight against creditors who try to deny you your debtor rights.

Do You Know Your Full Level of Protection?

Consumer rights in these areas are governed by numerous different federal and state laws, particularly Articles 1, 2A, and 9 of the Uniform Commercial Code (UCC). Of almost equal importance are state retail installment sales acts, motor vehicle financing laws, and other state consumer credit laws, state replevin procedures, state lien laws, state rent-to-own laws, state leasing statutes, state deceptive practices statutes, and state debt collection laws. Applicable federal laws include the United States Bankruptcy Code, the Truth in Lending Act, the Fair Debt Collection Practices Act, Federal Trade Commission rules, Office of the Comptroller of the Currency manufactured home regulations, the Servicemembers Civil Relief Act, the Consumer Leasing Act, the Equal Credit Opportunity Act, and the Civil Rights Acts. Common law tort and contract law also provide consumer remedies.

If you feel that you have been taken advantage of by a creditor, you should consult an attorney. The attorney will examine your case and advise of your possible options.

Contact an Attorney in Mountlake Terrace to Get Relief from Repossession

If you are facing the prospect of having your property repossessed by a creditor, you need to, your best bet is to immediately get in touch with a consumer attorney in Mountlake Terrace WA. Contact us today to learn more about your debtor rights and what we can do for you.