Vehicle repossession claims

People who have had vehicles repossessed may have significant legal defenses to claims by the repossessing party for money after the vehicle has been sold.

In defending these claims for clients, we ensure that companies instituting these type suits against our clients follow the detailed legal procedure required before they can recover money from our clients after the vehicle has been sold.

Notices containing specific information prescribed by law must be sent to the vehicle owner both after the vehicle is repossessed and after it is sold. The failure to provide the proper notices can be a defense to a claim for a deficiency (the difference between the amount obtained from the sale of the vehicle after repossession and the loan balance). A failure to provide the proper notices can also form the basis for a claim to recover damages for our clients.

To recover a deficiency, a vehicle must also be sold in a "commercially reasonable manner" which means that the creditor must take reasonable steps to try to get the best price for it including exposing it to a wide market and advertising its sale.