In Arizona, repo companies must adhere to certain laws regarding how they conduct their repossessions. If a repo company violated any of these laws when they seized your vehicle, you could seek compensation, and our Arizona wrongful repossession lawyers can help.
When you work with Sue the Collector, you can focus on other important aspects of your life and career while we fight for what you deserve. Call us at 877-BAD-REPO for help after having your car illegally repossessed.
Arizona Vehicle Repossession Laws
Unfortunately, lenders have somewhat of the upper hand when it comes to repossession laws in Arizona. For example, creditors do not have to provide a notice to a person that they are going to repossess their vehicle. The lender may send warnings after the person defaults on their loan, but they are not required by law to send any official notice before repossession.
Furthermore, repo companies do not have to possess a special license to conduct their business. They must, however, avoid breaching the peace when repossessing a vehicle.
What Constitutes a Breach of the Peace in Arizona
Certain actions on the part of the repo company may constitute a breach of peace, which is illegal in Arizona. For example, a repo agent is not supposed to:
- Lie about their identity, which is a violation of the Fair Debt Collection Practices Act
- Damage or destroy personal property, such as personal items inside the vehicle
- Break into locked or secured areas of the property, such as a locked garage
- Engage in assault or battery during the repossession, including towing a vehicle with someone inside
- Verbally threaten someone
- Yell or make excessive noise that would disturb the neighborhood
If a repo company engaged in any of these activities, it would render their repossession illegal. Our Arizona wrongful repossession lawyers can fight for your rights if that is the case.
Other Arizona Repossession Laws
Aside from breaches of the peace, there are other ways an Arizona repo company or lender may break the law. For instance, according to Arizona Courts, a lender must send a notice before attempting to sell the repossessed vehicle through a private sale or public auction. You also have the right to pay off the remaining balance on your loan to get your car back at this point.
Furthermore, if the car sells, but there is a deficiency between what the creditor made and what you owe, they only have up to four years to sue for the deficiency.
What Can Happen During a Legal Vehicle Repossession?
When repossession agents work within the laws, they can tow your car from a public place or confiscate the vehicle outside your home as long as they do not break into locked areas of your property.
Repo agents in Arizona may plan for an advantageous time to take your vehicle. Even though they have no legal obligation to warn you about an upcoming repossession, the creditor must send you a pre-sale notice.
Your Options for Getting Your Car Back After Repossession in Arizona
You may feel like you have no options after realizing that your vehicle was repossessed, especially if the repo company acted within the law. However, you still have the right to negotiate with the lender or the creditor of your vehicle. You can try to make a new payment arrangement, for example.
Your other option is to pay back your remaining balance in full. You may also have the ability to file for bankruptcy to keep some of your assets, including your vehicle.
What Should You Do After Wrongful Repossession in Arizona?
If a repo agent breached the peace when they repossessed your car or a creditor or lender failed to send you a pre-sale notification, you can fight back, and our legal team can help.
We may have the option to sue the repo company or creditor and recoup your vehicle, along with compensation for your trouble. In some cases, vehicles may get repossessed even when people are current on their loan payments. These cases would also constitute wrongful repossession.
There are a few things you can do to help your wrongful repossession attorney build your case. For example, you should:
- Keep track of all your car payments and loan documents
- Gather any evidence of the wrongful repossession, such as security camera footage from your property
- Write down what you remember about any interactions you had with the repo agent
- Keep your pre-sale notice if you received one
While you tend to other important matters, we can get to work on your case.
Wrongful Repossession in Arizona Can Lead to Many Headaches
Many families rely on their vehicles to get to work, school, and the grocery store. The last thing you want to find when you’re behind on your car payment is that your vehicle has been illegally repossessed.
Even emergency situations, like national weather crises, call for families to have transportation. If a lender, creditor, or repo company violates your rights, we will be there to fight for you and your family. We will also give your case the attention to detail it deserves and keep you updated on any progress.
Let Our Arizona Wrongful Repossession Team Handle Your Case
Few things are more stressful than having your car repossessed. Know that you have rights and options. When you work with Sue the Collector, you will not have to hassle with the legal process alone. We can handle your case from start to finish while you tend to other important issues.
Do not wait to start building your case. The sooner you reach out to us, the sooner we can begin protecting your rights and fighting for fair compensation. Call us at 877-BAD-REPO or contact us online today.