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Our Consumer Protection Lawyers Help Fight Wrongful Repossession

Having your vehicle repossessed can be an unexpected shock. If your vehicle was wrongfully repossessed, that shock can also be unnecessary. At Brody & Cornwell, in St. Louis, our consumer protection lawyers want to shine a light on shady business dealings in Missouri.

Missouri Vehicle Repossession Laws

Properly completing a repossession in Missouri requires strict compliance with a number of statutes. Missouri allows “self-help” repossession of vehicles. This means that a creditor can repossess your vehicle without having to go through court first. This is because the statutes allowing the repossession of a vehicle provide some measures of protection to consumers. Therefore, if a creditor violates any of these repossession rules, they violate a consumer’s due process rights. Any violation of a consumer’s due process rights could constitute a wrongful repossession.

A Creditor Must Follow These Steps To Repossess A Vehicle

There are several steps that a creditor has to follow in order to repossess a vehicle. After a consumer misses the first car payment, the creditor must send a First Notice of Default. If the consumer misses a second payment, the creditor must send a Second Notice of Default. After both notices have been sent, a creditor can take possession of the vehicle, provided they do not breach the peace.

After repossessing the vehicle, the creditor must provide notice to the debtor that they plan to sell the vehicle. This notice must include specific language. Next, the creditor is allowed to dispose of the vehicle, or in other words, sell it. This must be done in a commercially reasonable manner.

Finally, the creditor must send a final notice to the debtor, called a Notice of Sale and Explanation of Deficiency. This notice is required, by law, to include specific language. Generally, Missouri judges require strict compliance with all of these steps.

When A Creditor Wrongfully Repossesses A Vehicle

Any claim for the wrongful repossession of a vehicle, just like a consumer protection claim under the FDCPA for collections harassment or a claim under Missouri’s lemon law, provides that the creditor must pay the consumer’s attorney fees. Whenever we pursue a claim for the wrongful repossession of your vehicle, we shift the fees to your creditor. The creditor will have to pay for your lawyers, which means you should not have to spend any money up front to hire us.

Consult A Wrongful Repossession Attorney For Free

We understand how frustrating it is to have your vehicle repossessed. We want to help you make sure that your creditor repossessed your vehicle legally and in doing so, did not violate your rights.

We offer our prospective clients a free consultation appointment so that we can answer your questions and review the facts of your case.  If you believe that your property was wrongfully repossessed, Contact us today for a free consultation. You can also schedule an appointment by calling our office at 314-400-2229.