My bf woke up this morning for work and noticed that my car was gone. What legal action can I take towards the place that wrongfully repossessed my truck? I walked around back and saw my truck, they have the wheels and tires off of the truck and have it sitting on blocks.
My friend called me to tell me about it so I drove over there and they wouldn't answer the door, I called multiple times and they won't answer or return a call. Just told him it was up for repo, gave him a card, and hooked the truck up and left. Also received a phone call 2 days ago stating that my balance was right on track and even offered me another vehicle if i wanted one ) he did not show the guy any paperwork stating the truck was up for repo. He said the payments were 9 months behind ( which is wrong because I have been paying it and have bank statements proving that I have. They confronted the guy that worked there and said the vin number matched a truck that was up for repo. The towing company showed up to drop a car off to be worked on and saw my truck. My truck was repossessed this morning from a buddy's auto body shop in North Carolina. GPS signal jammers are against the law in the United States. Note: the LPR Database has over 3 billion records, some states are trying to limit the use of LPR because it may be a violation of one's privacy. The lag time is 10-17 minutes, a whole new spin on "you can run but you cannot hide". LPR can tell if a vehicle has a GPS, if you do then the repo guy can track your vehicle.
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The license plate number is entered into the LPR data base, once cross referenced they can find out if a vehicle is out for repo or if not they can contact the lender and ask for the assignment. At an insane rate of 1,800/hour as the truck moves. As the truck travels down a street or in a parking lot, the camera takes a picture of every license plate with the camera's line of sight. LPR is software, once used solely by law enforcement, that allows a lender or repossession agent to track your vehicle.Ĭamera affixed to, in this case, a tow truck. Now, comes the dirty part, repossession agent can access the LPR(license plate recognition) database. The lender may pursue repossession of your vehicle. The finance company or lender does not typically track your vehicle, if you fall behind and the lender meets the statutory requirements under default or delinquent payment and remedies allowed under your contract. You may have more rights than you realize! Although some provisions may be invalid if they conflict with State law or public policy the contract often controls what a creditor can and can't do. In conclusion, it is imperative to locate and read the fine print of the contract and speak with a lawyer about any questions you may have. It is advisable to remove your contents from a vehicle at risk of repossession as contents often disappear at the impound lot. Furthermore, vehicles are often damaged during the repossession or parts may disappear while awaiting sale. Generally speaking if you are behind on your payments silence is your enemy. Contact either the creditor or an attorney to seek alternatives as repossession usually leads to a deficiency for which the borrower is responsible and the creditor may even file a civil summons lawsuit to collect the unpaid balance.
If you feel your vehicle has been illegally repossessed then you may file a complaint with the NC Attorney General.
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After repossession of a vehicle the creditor is required to provide you written notice of the sale information. Any proceeds will be applied towards your unpaid balance. Although, a creditor may allow you to cure any late payments and return the car, they are under no duty to do so. You do however have the right to pay the balance in full before the sale or even file a Chapter 13 bankruptcy to regain possession and resume payments. Whatever your current situation, know the law and understand many Repo men do not follow the law.
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