Are you struggling to keep up with your car payments? If so, you should discuss your options with a bankruptcy attorney at Allmand Law Firm, PLLC immediately. Your lender has the right to “repo” your vehicle if you have defaulted on your loan, and they don’t have to give you any notice before doing so. Once your car is repossessed, you will only have 10 days to take action before your creditor is allowed to sell it. Talk to our team today about preventing repossession during bankruptcy in Fort Worth.
How We Could Help
When you call Allmand Law Firm, PLLC, we may be able to:
- Stop your lender from repossessing your vehicle in Fort Worth
- Use a “cramdown” to reduce the balance on your loan
- Save your vehicle through Chapter 13 bankruptcy
- Regain control of your repossessed vehicle
Do I Have to Be Notified About the Repossession?
In Texas, a lender with a lien upon your personal property (i.e., your vehicle) is allowed to repossess the collateral if you stop making payments. They don’t need a court order to repossess your vehicle, and they don’t have to notify you of the repossession before they take your car. This means that, one morning, you may wake up to find that your vehicle was repossessed in the middle of the night. Sadly, that’s within the law. This is why you need the help of a Fort Worth attorney to prevent repossession during bankruptcy.
Recovery Agents Cannot “Breach the Peace”
Although recovery agents are allowed to repossess your vehicle without notice and without a court order, they are not allowed to “breach the peace” in the process. This means that a recovery agent cannot trespass on your property in order to repossess a vehicle, use or threaten to use violence, or even take the vehicle over your objection. They can, however, take your vehicle from a private driveway or public street.
Under the law, the following may constitute a breach of peace:
- Towing your vehicle with a person or child inside
- Breaking into your garage to repossess the vehicle
- Causing a commotion, yelling, or making loud noises
- Banging on your door in the middle of the night
For help preventing vehicle repossession during bankruptcy, contact our Fort Worth lawyers today.
What Happens After My Car is Repossessed?
Once your car is repossessed, your lender has the right to sell the vehicle. However, you must be given notice of the date, time, and place of the sale—which must be no fewer than 10 days after you were notified of the sale. Although this window of time is short, you do have a chance to regain possession of your vehicle. You can either raise the money to “redeem” it, or you can stop the sale by filing for Chapter 13 bankruptcy.
Our Fort Worth attorneys have handled various types of bankruptcy cases involving repossession, and we are here to help.
Call Now for Help Preventing Repossession During Fort Worth Bankruptcy
If you are at risk of losing your car, or your vehicle has already been repossessed, it is important that you act quickly. Preventing repossession during bankruptcy in Fort Worth often requires the skills of an experienced legal team. The bankruptcy lawyers at Allmand Law Firm, PLLC have already helped thousands of debtors regain control of their finances – and now, we are ready to help you. Contact our office today to find out how we can put our decades of experience to work for you. Your initial consultation won’t cost a thing!