Lawyers That Deal With Car Loans: Auto Finance Claims and Repossession

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If you're struggling with a car loan, it's essential to know that you're not alone. Many people face difficulties with auto finance claims and repossession.

In the US, for example, it's estimated that over 1 million vehicles are repossessed annually due to non-payment. This staggering number highlights the importance of seeking professional help.

A lawyer specializing in car loans can help you navigate the complex process of auto finance claims and repossession. They can review your contract and identify any potential loopholes or errors.

By working with a lawyer, you can potentially avoid repossession and protect your credit score.

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Car Loan Issues

Car loans can be a source of significant stress, especially if you're struggling to make payments. This burden can affect many areas of your life, from your job to other properties.

If you're facing car loan issues, it's essential to know that you have options. A committed Oklahoma car loan attorney can help you navigate these challenges and find a resolution.

Having a trusted car loans attorney in Oklahoma can make all the difference. They can provide legal advice, counsel you on your alternatives, and support you throughout the process.

Predatory Car Loans

Credit: youtube.com, How Predatory Car Loans Are Destroying Lives! Buy Here Pay Here

Predatory car loans are a common scam perpetrated by car dealers. They often fail to provide consumers with all the information about the contract they've signed to buy the vehicle.

Lumping fees together can make it impossible for buyers to determine exactly what they're paying for. This can lead to hidden charges and unexpected expenses.

Car dealers may also provide so many documents to sign that consumers can't keep track of all of them. This is a tactic used to confuse and overwhelm buyers.

Backdating contracts is another scam where the dealer alters the contract to make it appear as though the buyer agreed to a certain price or terms earlier than they actually did. This can result in the buyer being stuck with a worse deal than they initially agreed to.

Selling used cars as brand new is a scam that can be difficult to detect, but it's essential to research the vehicle's history before making a purchase.

Consider reading: Used Car Lease Deals

Auto Finance Claims

Credit: youtube.com, This Auto Loan Practice is Leaving Borrowers Deep in Debt | Scripps News & ProPublica Investigation

Auto finance claims can be a nightmare to deal with, especially when you've been ripped off by auto finance scams and fraud.

Changing finance terms without disclosing them to you is a common issue, and it's not okay.

Yo-yo financing, where the interest rate is changed repeatedly, can also lead to financial trouble.

Failure to follow finance laws is another problem that can leave you feeling frustrated and helpless.

Approved and then wrongful repossessions can happen, and it's essential to know your rights.

The Truth-in-Lending Act (TILA) and Florida Motor Vehicle Retail Sales Finance Act (FMVRSFA) are laws that protect consumers like you.

Usury laws also exist to prevent lenders from taking advantage of you with excessive interest rates.

If you've been a victim of auto finance scams and fraud, don't hesitate to seek help.

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Why You Need a Lawyer

You need a lawyer when dealing with car loans because the repossession process can be complex and subject to specific legal restrictions. If the lender made a mistake during the repossession, you might be able to defend against the deficiency case.

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Credit: youtube.com, What Information Does My Attorney Need? (We're The Lawyers That Deal With Car Dealerships Near Me)

Lenders and their agents are not allowed to physically touch you or take your car away from you during repossession. This is a serious issue, and it's essential to have a lawyer who can protect your rights.

You might be able to prevent or lessen the deficit judgment by hiring a trusted car loans lawyer to defend you in the lawsuit and investigate what happened. This is especially true if the lender did not issue proper notices or sold the vehicle in a way that was not financially viable.

Here are some common mistakes lenders make that can give you grounds for a lawsuit:

  • Illegal repossession: Lenders and their agents cannot disturb the peace during repossession.
  • Lender did not issue proper notices: The lender must give you sufficient written notice of the sale, and the notice is ineffective if it is incomplete or contains inaccurate information.
  • Lender sold the vehicle in a way that was not financially viable: The manner, time, location, and terms of the sale will typically determine whether a sale satisfies this requirement.
  • Lender waited too long to sue: The statute of limitations, which is the timeframe to file the lawsuit, may have expired if the lender waits a long time before suing you.
  • Lender inaccurately calculated your obligations: The lender may total your obligations inaccurately or include payments you’ve already made in the amount it asserts you owe.

It's essential to have a lawyer who can advise you on the best course of action and protect your rights.

Car Loan Attorneys

Having a car loan attorney can be a lifesaver if you're struggling to make payments or facing repossession. A car loan attorney can help you understand your options and navigate the complex process of debt relief.

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Credit: youtube.com, Bankruptcy, Car Loans, And Reaffirmation Agreements | What You Need To Know

If you're unsure about how to handle your car loan debt, it's wise to hire a trusted Oklahoma City car loans attorney. They can provide you with legal advice and counsel you on your alternatives.

If you're facing repossession, you might be able to defend against it if the lender made a mistake in the repossession process. This could include illegal repossession, where the lender or their agents disturb the peace, or if they didn't issue proper notices.

Here are some common mistakes lenders make that you can use to your advantage:

  • Illegal repossession
  • Lender did not issue proper notices
  • Lender did not actually sell the vehicle
  • Lender's calculations of your debt are inaccurate

If you're facing a deficiency judgment, a car loan attorney can help you understand your options and potentially reduce or eliminate the debt. They can also help you understand the statute of limitations and whether the lender has waited too long to sue.

It's essential to act quickly if you're facing car loan debt or repossession. Contact a car loan attorney as soon as possible to discuss your options and develop a plan to protect your rights.

Bankruptcy and Repossession

Credit: youtube.com, Chapter 13 STOPS Car Repossessions & Lowers Car Payments

If you're struggling to make car payments, you may be considering bankruptcy as an option. In a Chapter 7 bankruptcy, you can file a motion to redeem your repossessed vehicle if you can pay the fair market value in a single lump sum payment.

Filing for Chapter 7 bankruptcy can be a complex process, but it allows you to eliminate debt obligations related to your vehicle. If you're eligible, you can pay the market value of the vehicle and be done with it.

In some cases, surrendering your vehicle may be the best option. This can eliminate your debt obligation completely, but you'll need to understand that the creditor may still try to collect the debt. By surrendering the vehicle, you can eliminate your debt obligation and move on.

Voluntary repossession can also be an option, but it's essential to understand the implications. Returning the vehicle to your lender willingly can release you from the responsibility of your loan, but it may lower your credit score and make future auto financing more challenging.

Voluntary Repossession

Credit: youtube.com, Will Bankruptcy Help With An Auto Repossession.

Voluntary repossession is a last resort that can provide some relief from your loan responsibilities. You can ask your lender if returning your car willingly will release you from the loan.

Returning the vehicle can spare your lender the expense and inconvenience of a repossession. This might allow you to negotiate a more agreeable ultimate pay-off figure.

However, using this approach could lower your credit score and make future auto financing more challenging. You might be excluded from some last-minute expenses like late or early payment penalties or fees associated with the selling of the car.

If your lender agrees to forgive the deficiency in exchange for your voluntary return of the vehicle, they cannot subsequently obtain a deficiency judgment. However, the Internal Revenue Service will expect you to record the forgiven balance as income on your tax return if the lender forgives a balance of $600 or more.

You'll probably receive a Form 1099-C or 1099-A in this case. Be aware that you'll need to report the forgiven amount on your tax return.

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Vehicle Redemption in Bankruptcy

Credit: youtube.com, Redemption of Property in Bankruptcy by St. Louis Bankruptcy Attorney

Vehicle redemption can be a viable option in bankruptcy, allowing you to pay off the fair market value of your vehicle instead of the full loan amount.

Chapter 7 bankruptcy allows you to file a motion to redeem your repossessed vehicle for its market value in a single lump sum payment.

In Chapter 13 bankruptcy, you can redeem your vehicle if your loan is over 910 days old and was purchased for personal use.

You have up to 60 months to repay the full market value of the vehicle through your Chapter 13 repayment plan, eliminating the excess debt.

Surrendering your vehicle in bankruptcy may also eliminate your debt obligation completely, but you must be willing to give up the vehicle.

The creditor may not collect anything owed on the car loan if you surrender the vehicle in bankruptcy.

Frequently Asked Questions

How to legally get out of a car loan?

Consider refinancing, paying off early, or selling your car to exit your loan agreement. If these options aren't feasible, explore alternatives like voluntary repossession or seeking financial assistance

Matthew McKenzie

Lead Writer

Matthew McKenzie is a seasoned writer with a passion for finance and technology. He has honed his skills in crafting engaging content that educates and informs readers on various topics related to the stock market. Matthew's expertise lies in breaking down complex concepts into easily digestible information, making him a sought-after writer in the finance niche.

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