Wrongful Auto Repossession Lawyer, Texas & Alabama

Was my car repossession wrongful?

In general, falling behind on a car loan doesn’t give a lender a free hand. Both the repossession and what happens afterward are governed mainly by state law, in Texas and Alabama, Article 9 of the Uniform Commercial Code (for example, Tex. Bus. & Com. Code § 9.609 and Ala. Code § 7-9A-609). A lender generally can’t “breach the peace” when taking the vehicle, usually must give proper notice before selling it, and has to handle the sale and any remaining balance correctly. Whether a particular repossession was wrongful depends on the facts and the exceptions that apply, so every situation should be reviewed by an attorney.

When a repossession may be wrongful

Common examples include:

• Breach of the peace: the agent used force or threats, entered a closed garage, or took the car over your objection
• No proper notice: you weren’t given the notice the law generally requires before the sale
• Improper sale: the vehicle wasn’t sold in a commercially reasonable way, inflating the balance claimed
• Wrong amount or not in default: they repossessed after you cured the default or miscalculated what you owed
• Personal property: belongings left inside weren’t returned
• Wrong car or no lien: the repo company took the wrong vehicle, or repossessed a car you had already paid off that has a clean title

This is a general list, not every scenario, and the rules differ by state and circumstance.

What should I do?

Generally, keep your loan agreement, payment records, notices, and any letters about the sale or balance, and write down how the car was taken. Don’t ignore collection letters or a lawsuit over a deficiency; those carry deadlines. Then have a lawyer review the details.

How John C. Hubbard, LLC helps

John C. Hubbard, LLC helps consumers across Texas and Alabama look into wrongful repossessions, challenge improper deficiency balances, and pursue damages where a lender or repo company broke the rules. The case review is free.

Reviewed by John C. Hubbard, Attorney, admitted in Alabama (2008) and Texas (2018), John C. Hubbard, LLC. Last updated June 2026.

Can a repossession company be sued under federal law?

Sometimes. Repossession agents are usually not treated as debt collectors under most of the Fair Debt Collection Practices Act, but one provision reaches them. Section 1692f(6) of the FDCPA, 15 U.S.C. § 1692f(6), prohibits taking or threatening to take nonjudicial action to seize property when there is no present right to possession of the collateral. Because a claim under that section arises under federal law, it can give a wrongful-repossession case a path into federal court, alongside your state-law claims. Whether it applies depends on the facts of your repossession.

Trial experience

John has tried wrongful-repossession and other consumer cases to verdict in Alabama state courts and in arbitration, and has obtained a federal jury verdict in a wrongful auto-repossession case. Every case is different, and prior results do not guarantee a similar outcome.

This page is general information, not legal advice. Every situation is different, the rules have exceptions, and deadlines vary, so nothing here is a promise about your case. Reading this or contacting the firm does not create an attorney-client relationship. For advice on your specific situation, have it reviewed by a licensed attorney.

Written by John C. Hubbard, attorney admitted in Alabama (2008) and Texas (2018).

Was the repo also reported wrong on your credit?

After a repossession, the tradeline on your credit report is often wrong too: an inflated deficiency balance, re-aged dates, or the same debt reported twice. That can be a second, often stronger, case under the Fair Credit Reporting Act. Read what to do when the repossession on your credit report is wrong.