Stop Car Repossession
For many people, it’s crucial they own a motor vehicle so they can navigate to work, school or to pick up their kids from childcare services. Unfortunately, keeping up with car payments and other loans can be challenging. When you fall behind on payments, you may be worried that creditors will show up at your door attempting to repossess your assets such as your car. This is a very legitimate worry and something that may happen if you don’t address your debt problems sooner rather than later.
Thankfully, creditors are required to follow certain rules and procedures. There are certain steps you can take to avoid repossession so you can keep your vehicle. Even if your property has already been possessed, there are legal routes you can take to secure your motor vehicle once again. If you’re having money troubles and want to stop creditors from possessing your car, we highly suggest you get in contact with an experienced bankruptcy attorney.
Car Repossession Attorney in Cincinnati Ohio
One of the most eye-opening experiences people have when they know it’s time to address their debt is when their car is repossessed. Thankfully, there are ways to get your car back from creditors and to resolve your debt reasonably. To learn more, we highly suggest you get in contact with the skilled and knowledgeable legal team at Steiden Law Offices.
Eric Steiden is a seasoned attorney with over 26 years of practice under his belt. He can evaluate your financial status and develop an intricate plan to solve your debt, so you lose as little as possible. To set up your first consultation, please call Steiden Law Offices at .
Steiden Law Offices accepts clients throughout the greater Ohio including Hamilton County, Butler County, Clermont County, Warren County, Clinton County, Montgomery County, Greene County, Preble County, Darke County, Highlands County, Miami County, Shelby County, Champaign County, Clark County, Brown County, Adams County, Lawrence County, and Scioto County, Ohio.
Our attorneys also accept clients in the Northern Kentucky area including Kenton County, Boone County, Campbell County, Gallatin County, Grant County, Pendleton County, Bracken County, Robertson County, and Mason County.
- What is the Repossession Law in Ohio?
- My Car Was Repossessed What Are My Rights?
- How Do You Beat a Car Repossession?
- Additional Resources
What is the Repossession Law in Ohio?
In Ohio, a lender or creditor can sell your repossessed vehicle to pay off your loan(s) if you have a number of missed payments. A lender can only repossess your car if you have a signed agreement that explicitly states that you are using the property as collateral for a loan. Failing to honor these loan agreement terms will result in your repossession of your motor vehicle.
It’s important to understand that while lenders/creditors have many rights under the law to recover their vehicle, they must adhere to certain rules that limit how and where they can repossess your property. One of these rules is that repossession agents cannot enter your home. They also cannot use any sort of violence to repossess your vehicle. It’s illegal for repossession agents to deceive you by asking you to bring your vehicle to the shop for repairs or maintenance.
Repossession agents also do NOT need to notify you prior to repossessing your vehicle. That means they can show up unannounced if you don’t bring your vehicle to them yourself. However, for the lending company to repossess your vehicle the must be a court hearing. In addition, you must be notified of said court hearing. If the judge is in favor of the lender, then they have the right to recover your vehicle when they see fit.
My Car Was Repossessed What Are My Rights?
Having your motor vehicle ripped from your hands can make anyone feel powerless. However, it’s crucial you understand your rights as a lendee. Ohio repossession laws dictate that lenders must notify their borrowers by mail stating you have the right to retrieve your car or truck once you have satisfied all your outstanding payments related to vehicle repossession. However, the notice will also state you must redeem the vehicle before it’s sold at an auction.
Additionally, anything inside the car is considered your personal property. The lender has the right to sell your car at auction, but none of your personal possessions. Creditors must return your personal property to you or they are violating the law. Repossession agents also cannot damage any of property while repossessing it, which includes your car. They cannot break or dismantle property to get to your car either. For example, if you have locked your car in your garage, repossession agents cannot break in to retrieve it.
How Do You Beat a Car Repossession?
Borrowers have a few options they can pursue to recover their vehicle from lenders. You can choose to file for Chapter 7 or Chapter 13 bankruptcy, that way an automatic stay will be put in place where it will be illegal for car lenders to continue to harass you about your debt. Unfortunately, car repossession is exempt from bankruptcy laws and a lender can repossess your car if they obtain permission from the court to lift the automatic stay. Thankfully, you have the option of fighting this action by requesting a court hearing.
At the hearing, you can present evidence as to why the lender isn’t entitled to possess your car. However, if you haven’t been making timely payments or paid out the loan in full, you may have a difficult time at the hearing. Another way to recover your vehicle is to catch up on all missed payments so you’re current or to pay the whole loan in full. Sadly, not everyone has this option so you may want to negotiate with your lender directly. Both you, your lender, and possible hired counsel can discuss a new payment plan so you can keep your vehicle.
Another way to avoid repossession is to redeem your car for its fair market value. You can do this by filing a motion with the appropriate court with a lump sum payment. Redeeming your car to its fair market value will enable you to own the vehicle separately from bankruptcy.
If you’re pursuing Chapter 13 bankruptcy, then it’s likely your car payment will be included in your new payment plan created by the Trustee and the courts. So long as you continue to pay your Trustee on time, you can avoid your car being repossessed.
Know Your Repossession Rights | Ohio State Bar – Visit the official website for the Ohio State Bar Association to learn more about your rights during the repossession process. Access the site to learn more about how repossession works, what a creditor must do before they can repossess your car, what can you do to keep your car if you’re behind on payments and more.
Ohio’s Repossession Laws – Visit the official website for the Ohio Statutes to learn more about their repossession laws regarding vehicles and other property. Access the site to learn the required provisions of a lease-purchase agreement, how ownership can be changed, and what repossession agents can and cannot do when recovering your property.
Repossession Attorney in Ohio and Northern Kentucky
If you have had your car repossessed or fear it will be, we strongly recommend you call Steiden Law Offices. Attorney Steiden has assisted numerous people with their car repossession issues as well as other property such as trucks, motorcycles, RVs, ATVs, boats or even airplanes. His in-depth knowledge of both repossession and bankruptcy laws means he can give you the counsel you need to resolve your debt issues and recover your vehicle.
Set up your first consultation with Eric Steiden and his team at . During the appointment, attorney Steiden will examine your finances and chart out a debt relief plan for you. Steiden Law Offices can be found in both Ohio and Northern Kentucky. His locations in Ohio include Cincinnati, Maineville and West Chester, and he also has offices in both Florence and Covington, Kentucky.