In North Carolina, missing even just one car payment can open you up to repossession. Even if you are simply a few days behind on the payment, the lender or creditor has the right to seize your vehicle. This may happen while you are at work or home, but there are certain laws the repossession company has to follow.
Failure to adhere to these laws could mean you experienced a wrongful repossession. If that is the case, you have a right to sue the creditor or repossession company. Our attorneys are here to help you get back on the road so that you can move forward with your life. Call Sue the Collector at 877-BAD-REPO to fight back.
Repossession Laws in North Carolina
Each state follows different laws when it comes to vehicle repossession, and North Carolina is one of the states that gives creditors and repossession companies the upper hand. For example, your lender does not have to notify you when they are planning to repossess your car. You can check your policy to see if they agreed to give you notice, but they usually do not.
Still, there are legal parameters the repossession company must work within to avoid an illegal repossession.
The Repossession Company Cannot Breach the Peace
Lenders have the right to a self-help repossession, which means they do not need a court order to repossess your car after the first missed payment. Like most states, North Carolina does not allow repossession companies to breach the peace, as stated by the North Carolina Department of Justice (NCDOJ). A breach of peace can include any of the following behaviors:
- Lying about their identity to get access to your vehicle, which is a violation of the Fair Debt Collection Practices Act
- Damaging personal property on the premises during the repossession
- Breaking into secured areas of your property, such as a locked garage
- Committing assault or battery during the repossession
- Towing a vehicle with someone inside of it
- Making verbal threats
- Making excessive noise, disturbing the community
If a repossession company engaged in any of these activities, you likely have a wrongful repossession case on your hands, which means you have the right to take legal action.
The Repossession Company Cannot Damage Your Personal Property Left in the Car
Another thing the repossession company cannot do is damage or destroy your personal property inside the car. This may include laptops, phones, purses, and other items. If you left items inside your car when it was repossessed, you will have to reach out to the lender to make arrangements to retrieve them.
Doing so can be an additional hassle on top of an already stressful situation, so if you believe your vehicle could be repossessed, make sure you clean it out.
How to Avoid Repossession in North Carolina
If you know you will be late on a payment or cannot continue to make payments on your car loan, the best thing is to get in contact with your lender. You may be able to adjust your payments so that you can keep your car.
This is also important because you could face even worse financial consequences when your car is repossessed. Usually, you will still be on the hook for the remainder of your loan. Plus, you will be responsible for the cost of the repossession. Repossession can also hurt your credit score, making it difficult to secure a new vehicle when you can.
North Carolina Residents Rely on Their Vehicles
Whether you live in the mountains or on the coast, you probably rely on your car for many things. Without it, you could miss work and have a hard time finding new employment. You and your family members may also miss school and find it difficult to complete even the most basic daily tasks, like getting groceries and picking up medication.
In case of emergencies, such as a natural disaster, your car may be the only resource you have to evacuate and get your family to safety, as well.
How a North Carolina Wrongful Repossession Lawyer on Our Team Can Help
If you believe you experienced an illegal repossession, you don’t have to take it lying down. You can fight it, and you also have the right to hire an attorney to help. At Sue the Collector, we help people understand their legal rights and pursue compensation for wrongful repossession.
Our legal team can:
- Investigate your case
- Gather evidence of wrongful repossession on the lender or repossession company’s part
- File all the necessary documents and handle the ongoing paperwork associated with your legal action
- Meet important legal deadlines
We understand that your vehicle is important to your career and family. We are here to help you seek justice when a repossession company breaches the peace or otherwise engages in illegal activity during the repossession. We can also keep you updated on the progress of your case so that you never feel like you are in the dark about what’s going on. Consistent communication is part of our client-focused services.
Work With Our North Carolina Wrongful Repossession Team to Put Your Life Back in Gear
No one wants to wake up one morning to find their car has been repossessed. It can throw a wrench into your plans and make it difficult to get by. You don’t have to settle for wrongful repossession, though. We can help you file a lawsuit against your lender or the repossession company so that you can get back to normal.
Call us at 877-BAD-REPO to get started. We can listen to your story and explain more about how our firm can help you. That way, you can get back on the road and move forward with your life.
