Our Tyler Car Repossession Lawyer Is Here To Help You Stay On The Road
For many of us, cars play a crucial role in our everyday lives in Tyler and throughout Texas. From driving to work, dropping your kids off at school or simply running to the grocery store, losing our cars could be devastating to our routine. If you are in serious debt and fall behind on payments, the lender can repossess your property. This means that if you are unable to continue paying your car loan, a lender can take it from you.
However, you have options to stop the repossession of your vehicle. At William H. Lively, Jr. WHL, PLLC, we help clients find a fresh start and reduce or discharge their debts. Everyone deserves a chance at a brighter future; we can help you reach it. Clients in Tyler and the surrounding counties have trusted us for years to help them escape crippling debt.
For a free consultation, please call us in Tyler at 903-920-0008 or complete our contact form. We are the premier bankruptcy law firm serving all of East Texas.
We Can Help You Keep Your Vehicle
If you fall behind on your monthly car payments, your creditor can repossess, or take away, your vehicle. However, there are ways to stop the process or get your car back. One option is filing for Chapter 13 or Chapter 7 bankruptcy.
Filing for bankruptcy creates an automatic stay, which stops all collections and repossession efforts. Chapter 13 bankruptcy allows you to maintain ownership of your property and set up a payment plan over a period of three to five years. Chapter 7 bankruptcy is also an option but does not provide the same long-term protections. It only stops repossession while your bankruptcy case is open.
Bankruptcy can be an intimidating idea, and the process may seem overwhelming. You may wonder if it is the right choice for you. At William H. Lively, Jr, we will work with you to evaluate your case and explain your options so that you can make the best decision for your future.
How Does Car Repossession Work In Texas?
In Texas, if you default on your car loan by missing payments, the lender has the legal right to repossess your vehicle without prior notice, as long as the repossession is conducted without “breaching the peace,” which means the process must not involve threats, physical force or breaking into a locked area.
Can You Hide Your Car To Avoid Repossession?
Hiding your car to avoid repossession, also known as “hindering a secured creditor,” is illegal in Texas. Trying to hide a vehicle from repossession can lead to more severe consequences, including legal action against you. It’s better to communicate directly with your lender to discuss possible payment arrangements or solutions. You also have the option of filing for bankruptcy to stop creditor actions, including car repossession. To learn more, call our office in Tyler to discuss your car repossession options in a free consultation.
What Are Your Rights During A Car Repossession?
You have certain rights during the repossession process in Texas:
- The right against breach of peace during repossession
- The right to receive a notice of sale if the car is to be sold at an auction
- The right to redeem the vehicle by paying off the full amount owed before it is sold
- The right to retrieve personal belongings from the car without paying a fee
What Happens After Your Car Is Repossessed?
After repossession, the lender will typically sell the vehicle at an auction or a private sale. You should receive a notice of sale, and you have the right to bid on the vehicle at the auction. If the sale price does not cover the balance you owe, you may still be responsible for the deficiency balance.
Remember, filing for bankruptcy creates an automatic stay against creditor actions, including car repossession. Learn more about debt collection practices and whether your rights have been violated.
Can You Get Your Car Back After It Has Been Repossessed?
Yes. Before the car is sold, you can redeem your car by paying the full amount owed, including any additional fees associated with the repossession. Alternatively, you can reinstate your loan by paying the past due amount and any repossession fees, if your loan agreement allows reinstatement.
How Does Repossession Affect Your Credit?
Repossession can significantly impact your credit score, and a repossession can remain on your credit report for up to seven years. This can affect your ability to obtain future loans and may result in higher interest rates. It’s crucial to take steps to rebuild your credit after a repossession. Our founding bankruptcy attorney, Bill Lively, can explain some strategies for rebuilding your credit.
What Should You Do If You Are Facing Potential Car Repossession?
If you are facing the threat of repossession, it’s important to act quickly. Contact our bankruptcy law firm in Tyler, Texas, to discuss the details of your situation. Here are some things to consider if you think you car is about to be repossessed:
- Communicate with your lender: Reach out to your lender as soon as you realize you might miss a payment. Many lenders prefer to work out a payment plan rather than repossess the vehicle.
- Consider refinancing: If you’re struggling with high payments, refinancing your auto loan might be an option to consider. This can potentially lower your monthly payments and give you some financial relief.
- Seek legal advice: Consulting with a local East Texas bankruptcy attorney can provide you with legal options tailored to your specific situation. Having a bankruptcy attorney with local knowledge and relationships is crucial to maximizing the benefits of your bankruptcy filing.
Chapter 7 bankruptcy or Chapter 13 bankruptcy might be a viable solution to prevent car repossession and get your finances back on track.
A Brighter Future Is Possible
Clients in the Tyler area have trusted founding attorney Bill Lively to help them in some of their most challenging moments. He knows how to help clients through the bankruptcy and debt relief process so that they can move forward. Contact us today at 903-920-0008 or complete our online contact form to schedule your free consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.