Reposession

Repossession laws differ across the country. State laws dictate how a repossession is handled in Texas. Dallas area residents facing repossession of a car need to understand what the law is and what protections may exist for them.

The Business and Commerce Code in Texas, says that “the secured party has the right to claim possession of collateral upon the default of a loan unless other agreements were made in a legal contract.” This means that if you stop making payments on your vehicle, they repo-man can come and take it with no judicial process if they can do so without a scene.

You have the right to redeem the property, but only if you can work out an amended payment plan with the lender or pay the full amount owed on the loan.

Under your contract, you must not try to hide from or avoid the lender if you fall behind on the payments. The collateral, or vehicle, must be available for them to take possession.
Filing bankruptcy can stop repossession and help you pay off the debt owed on your car note.

FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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