East Berlin, PA asked in Collections for Pennsylvania

Q: I feel that my car was taken by an illegal reposession. I had made payments and have cancelled checks and written corris

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Collections Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: The question is not whether you made payments at all but whether you were behind on the payments. If you were, then the repo was not unlawful. If you were current on all payments then why was the car repossessed at all?

You do not indicate when the car was repossessed or if you are still in the redemption period. If you were behind on your payments, you would either have to pay the full amount owed (depends on the creditor but they are allowed to accelerate the debt and demand the whole amount owed if authorized by the contract) or you would have to file bankruptcy. If the car was wrongfully repossessed, then get a local consumer attorney now to help you get your car back. A wrongful repossession would violate PA's consumer law and subject the creditor to treble damages if the repo was intentional and not some mere mistake. However, more details would have to be known to make this determination.

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