What Is Considered Wrongful Repossession in Alabama?

Car Repossession Issues What Is Considered Wrongful Repossession in Alabama?

What Is Considered Wrongful Repossession in Alabama?

If your car has undergone a wrongful repossession in Alabama, you have a right to get it returned — without having to sign anything. It is on them, not you if they refuse to return a car that has been wrongly repossessed. Call a consumer rights lawyer in your region straight away. You can then file a lawsuit against them for damages.

Alternatively, if your vehicle was wrongfully repossessed, DoNotPay could help you file a demand letter for unlawful possession using your state's laws and help you reclaim your car. DoNotPay is always the faster, easier way.

Car Repossession Laws in Alabama

Unless the contract specifies otherwise, an Alabama lender with a security interest may reclaim property as soon as a single payment is past late.

The good news is that Alabama law also stipulates that a creditor who repossesses your vehicle must give you notice before selling it. This letter contains information about how you might be able to reclaim your vehicle.

How to Get Your Car From the Repo Agency After It Has Been Repossessed in Alabama

After your Alabama car or truck has been repossessed, here's how to get it back from the repo agency:

  • According to Alabama repossession regulations, a lender must notify all borrowers of a repossessed vehicle, saying that you have the right to reclaim (redeem) your car once you have resolved all remaining concerns relating to the repossession.
  • The notification from the Alabama repossession business will tell you how long you have to redeem your repossessed car before it is auctioned off.
  • Before receiving your car or truck back, the lender may demand you to pay off the whole loan amount on the repossessed vehicle.
  • Alabama law prohibits you from filing for bankruptcy to keep your vehicle from being repossessed. It is usually a good idea to seek legal advice from an Alabama-qualified attorney before making any judgments about Alabama repossession laws.

What is a Breach of Peace?

The law makes it illegal for a repo person to cause a "breach of the peace" during the repossession process.  A breach of the peace when attempting to repossess a vehicle can include the following actions by the creditor in order to repossess the vehicle and here’s what you need to do:

SituationWhat to Do
Threatening to send the debtor to prisonA repo agent may claim you're breaking the law by trying to stop the repossession, and even threaten to have you arrested or sent to prison; but as long as you're not hurting anyone, these are empty threats. This is a civil matter, not a criminal one. You won't go to prison for missing your car payments or for trying peacefully to stop the repossession.
Breaking and entering into the home of the debtorIf you need to protect your car from repossession, close it up in a garage or put it behind a locked fence. This is only a short-term solution, but it gives you time to call a KC bankruptcy lawyer and stop the repossession from going through.
Repossess the collateral despite the consumer's objectionsIf the borrower becomes aware of the repo man's intrusion and objects to the repo man being on their property, the repo man must leave or they're trespassing.
Entering into a closed garageProtecting borrowers' garage as the law protects the rest of their home makes sense because homeowners expect that their right of privacy and seclusion extends to all of their homes and unlawful entry into their garage also creates a risk of retaliatory violence.
Threatening the use of physical force or violenceIf a repo man threatens you physically or wields any sort of weapon when approaching you, report it to the police as soon as possible.
Forcing the debtor out of his vehicleIn general, repo agents are not supposed to touch you or use force on you, unless in self-defense.

What Is Wrongful Repossession of a Vehicle?

Wrongful repossession happens when the lienholder, purposely or inadvertently, takes back the collateral you put up for your loan.

Repossessors should respect your right to privacy and not remove your vehicle from your house unless you permit them. They should go about it professionally, without using threats or dishonesty.

When repossession agents take ownership of your vehicle, they are not allowed to

  1. Damage your property or automobile during the repossession.
  2. Enter your home until you permit them.
  3. If the cops arrive, the repo agent won't be able to threaten you with arrest or compel you to hand over your keys, since they won't be able to enter into your locked garage to get to your car.

What Happens if you Don't Pay Repossession in Alabama?

If your vehicle is repossessed, the creditor is required to notify you of the right to redeem (recover) the car.

This notification must be provided a fair amount of time before a sale. It includes; the time and date of the deal, whether the sale will be public or private, and a phone number to contact for further details.

To redeem, you usually have to pay off the total sum owing on the automobile, not just the amount you owe.

You can't get the automobile back in Alabama if you file for bankruptcy. To learn more about your legal options, you should speak with a lawyer. The lawyer can advise you on whether or not reclaiming the vehicle is viable.

What Do You Do if Your Car Is Illegally Repossessed?

In some cases, repossession is illegal. Hiring a lawyer might be quite advantageous if your automobile was illegally removed from you without your permission. A skilled lawyer will inform you if the repossession was lawful or not. He'll then file a complaint with the lender or file a lawsuit to get your car back.

Can You Sue for Wrongful Repossession?

Yes. If your automobile was wrongfully repossessed, you might be able to sue for compensation. If the repo company (and the lender) illegally repossess your vehicle, you can claim damages. The defendants may be obliged to pay your legal fees and court costs depending on the circumstances.

Alternatively, if they don't comply with your demand for compensation, you can escalate the case to a small claim court using DotNotPay's Sue Now product.

How to Let DoNotPay Help You With Car Repossessions

DoNotPay can help you file a demand letter for wrongful possession using your state's laws and help you reclaim your vehicle. If the repo is valid, you will have to pay off any balance you owe to reclaim your vehicle. If you can't afford the payments, DoNotPay can help you ask for a payment plan or negotiate the balance you owe.

  1. Search "car repossession" on DoNotPay and select whether your car has been repossessed or is in danger of being repossessed.

     

  2. Enter the state you financed this vehicle in, and let us walk you through your state's repossession laws to see if your car was or is being wrongfully repossessed.

     

  3. If we can make a case for wrongful repossession, DoNotPay will file a demand letter on your behalf to the lender to fight against.

     

And that's it! DoNotPay will make sure your issue gets sent to the right place. We'll upload confirmation documents to your task for you to view, and if the contacts need information, they will reach out to you personally via email or mail.

What Else can DoNotPay Do?

DoNotPay also offers other services such as;

Was your vehicle repossessed wrongly? DoNotPay can help you file a wrongful possession demand letter and reclaim your car utilizing your state's laws. In addition, if the repossession was legitimate and you cannot pay,  DoNotPay can assist you in arranging a payment plan.

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