Unlawful Property Repossession

Having your personal property wrongfully repossessed can be incredibly frustrating.

At the Law Office of Matthew R. Osborne, PC, we understand how disruptive a vehicle or other personal property repossession can be, and we want you to know that you have rights as a consumer—rights we can uphold and defend on your behalf.

Regardless of what your financial situation was up to the moment your property was repossessed, there are actions you can take to fight this injustice.

If you believe you are the victim of a wrongful repossession, we can work with you to help make things right.

What Qualifies as ‘Unlawful Repossession’?

For a repossession to be lawfully executed, there are numerous criteria that need to be met.

Examples include:

  1. Repossessions must be reported to the police by the party performing the repossession prior to the vehicle or property being physically taken away.
  2. Physical force or threats of force cannot be used at any time during the repossession.
  3. During a repossession, locked or fenced areas of your property cannot be breached without expressed permission provided by the property owner or tenant.
  4. Notice must be sent to the consumer notifying them immediately after the execution of the repossession.
  5. If and when the repossessed vehicle or property is sold at auction, notice must be given to the consumer.
  6. Local law enforcement cannot ‘take sides’ with a lender in cases of vehicle or other property repossession. If they do, or if they order you to step aside, they could be liable for infringing on your constitutional rights as a consumer.

This is just a partial list. There are other requirements that must be in place for a repossession to be completed lawfully.

Any time a repossession takes place without strict adherence to consumer law, there are possibly grounds for legal action. Consulting with a consumer law attorney is the best action to take to defend your rights in cases of unlawful repossession.

How We Help

Our legal team assists individuals whose vehicle or other private property has been repossessed, whether due to payment delinquencies or other reasons. It’s an unfortunate reality that lenders and banks often make hair-trigger decisions to repossess property, and the repossession itself isn’t always lawful.

When a repossession is executed without adequate documentation or without the consumer being given sufficient opportunity to resolve the issue, we can help.

Keep in mind that whenever a possession takes place, there are at least two legal entities involved: the lender and the repossession agent. Often, the lender will hire the repossession agent to execute the repossession, confusing the consumer with regards to what to do next.

The fact is that legal action can often be taken against both of these entities, an approach which can sometimes result in the prompt return of the vehicle and a ‘second chance’ being given to the consumer.

Every case is different, and not all repossessions are unlawful. However, for those repossessions that are not in strict accordance with the law, hiring an attorney to represent your interests in a court of law can be the smartest move you make.

Our Repossession Resolution Services

For our clients, the number one priority is justice. Unlawful repossession is an unjust practice that lenders unfortunately engage in on a routine basis. If either the lender or the repossession agent fails to follow the law to a ‘T’ during your repossession, we can help you take legal action.

The Law Office of Matthew R. Osborne, PC can help defend you in cases of unlawful repossession by:

  • Collecting evidence to build a case against either the lender or the repossession agent.
  • Responding on your behalf to Notices of Intent to Sell Property or Deficiency Notices.
  • Communicating directly with the lender and/or repossession agent, so you don’t have to.
  • Preparing and filing a lawsuit for illegal repossession, if necessary.

At the end of the day, we want you to be reunited with the personal property that is rightfully yours, whether you still owe money on it or not. There is no reason why you should have to be a victim of a lender’s negligent actions taken without adherence to consumer law.

We realize how helpless you may feel in the wake of a repossession. Know that you do have options available to you, and know that we can help identify what those options are.

If you’re ready to take action against the lender or repossession agent that has unlawfully repossessed your vehicle or other personal property, contact us today.