Knoxville, TN asked in Consumer Law, Civil Rights and Banking for North Carolina

Q: Repossession by Bank of America with no notice had scheduled payment to make current that drafts Monday

Repossession by Bank of America with no notice had scheduled payment to get account current but bc it was weekend wouldn’t process until Monday. Also it was seen the repo people broke into car after the fact I’m in nc maybe goal is reinstatement of loan

I called immediately and was told I had to wait until Monday because no one could help me on the weekend, and that was at noon today. I got the first alarm once they hooked it up, unfortunately I was at the mall and they just scanned my plate

My husband did call the police because at this point we weren’t sure if it was hooked up or stolen

I’m not sure if they filed a report, but we haven’t even been able to get to the car this was all just information we are fortunate to have been notified by the cars security system in real time online

1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Licensed in North Carolina

A: A lawyer needs to see the car loan agreement in order to accurately answer your question. In general, the lender is not required to give you advance notice of a repossession. Repossession from a public area is not illegal. Repossession on a Saturday is not illegal. Most likely, if you were late on the payment under the terms of the loan, what they did is allowed and you will not only have to bring the loan current but you will also have to pay all late fees, repossession fees and storage fees in order to get the car back. You may have claims against the repo agent if they damaged the car in the process.

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