Repossession companies repossess thousands of cars across Texas and Alabama each day.  Many times these repossessions are done in error, damage property due to the haste of leaving, or done while illegally breaching the peace.

Lenders pay repossession companies per taken vehicle.  Therefore, they have a financial incentive to take cars are fast as they can.  There causes them to fail to take essential steps to ensure correctness.  Repomen sometimes take the car before checking the VIN or even checking to make sure there is still an active repossession order on it.  Lenders often fail to properly update their systems current information which causes cars to repossessed when the account is not in default.

If a creditor has the right to repossess an automobile, it can do so without notice and at any time.  However, it can not breach the peace while doing so.  A breach of the peace is highly fact specific.  A repoman should not break into any area to obtain the vehicle.   A repoman should not threaten you with any type of violence.  He should leave your property if asked.  A repoman should also not jump into the car as you are driving away and cause the car to wreck.  If you believe a breach of the peace occurred during the repossession of your car, please contact us to discuss your potential case.

Repossession and the FDCPA

Texas and Alabama state law generally regulate repossessions.  However, repomen are also regulated by a specific section of the FDCPA.  This allows consumers to also bring federal claims against the repossession companies and opens up new remedies for compensation.  These remedies include a compensation for injures, court costs, and a reasonable attorney’s fee.  We work on a contingency fee basis and consumers do not owe us out of pocket.

More information can be found on the FTC site.  The Texas Attorney General is also a resource for information and complaints.