Vehicle Repossession Attorney Takes Action to Protect Your Property in Media

Protecting your vehicle from repossession in Pennsylvania

Have you fallen behind on your car payments? Filing bankruptcy stops the repossession process. If your car has been repossessed, we may be able to get it back for you if we act quickly. At David R. Black’s Bankruptcy Legal Group, a division of Black & Associates, P.C., we provide skilled guidance, explain your options and offer solutions for vehicle repossession issues.

Pennsylvania vehicle repossession laws clarified

The Pennsylvania Motor Vehicle Sales Finance Act regulates vehicle repossession. The David reviews your loan agreement, which outlines creditor rights to repossession. Pennsylvania law addresses:

Peaceful repossession — Lenders repossessing your car may not breach the peace — to do so is a misdemeanor offense. While a repossessor may enter upon private property that is not secured, such as a driveway, to take a car, the repossessor may not:

  • Break into a garage
  • Remove a vehicle over the objection of a purchaser who is present at the time of repossession

Notice of repossession — The creditor must immediately, upon taking the vehicle, present the purchaser with a notice of repossession in person or by certified or registered mail. The notice must:

  • Inform the purchaser of his or her right to reinstate the contract and the amount that must be paid to do so
  • Provide 15 days advance notification of the scheduled auction to sell the repossessed vehicle. In addition, the vehicle must be sold at fair market value
  • Advise the purchaser where the vehicle is held and the name of the person the payment should be made to
  • Advise of the 30-day window available to claim personal belongings left in the car

Sale of the vehicle — If the loan has not been reinstated within 15 days of the repossession notice, the creditor can sell the automobile.

Proceeds from the sale — Monies collected from selling the vehicle may not go directly towards satisfying what you owe the lender. The lender may apply funds toward:

  • Repossession fee
  • Storage costs
  • Cost of the sale
  • Reasonable attorney’s fees
  • The amount due under the purchase contract

If your car is sold at sale and the sale proceeds are not enough to pay off the outstanding car loan, your loan agreement may permit the lender to obtain a deficiency judgment against you for the difference. However, this amount is dischargeable in bankruptcy.

How can we help you with vehicle repossession?

We have helped clients throughout Delaware and Chester counties reposition themselves after financial struggle and hardship for more than 30 years. We offer:

  • Practical options — We prevent repossession by filing bankruptcy for you. The best option may be:
    • A prompt, efficient Chapter 7 or Chapter 13 bankruptcy to activate an automatic stay, so creditors cannot take your car or other property.
    • Structuring a Chapter 13 plan, so you can catch up and keep up with essential car payments.
  • Negotiation skills — If unpaid bills put your vehicle at risk, our experienced bankruptcy attorneys can aggressively negotiate revised payment terms, time extensions and loan modifications.
  • Solid legal protection — If your vehicle has been repossessed, we will carefully review the documents to ensure the creditor was in compliance with Pennsylvania law and all notices were provided accordingly. We know the repossession laws and work diligently to protect your assets and your future.

It’s not too late to save your vehicle

Once your vehicle has been seized, you need to act quickly to retrieve it. If you pay the past due amount, plus associated fees, within 15 days, your vehicle must be returned to you. We can determine whether the vehicle’s value exceeds the amount you owe and advise you how to proceed.

Take a deep breath and call our office for a free consultation

You may have more rights than you think. Call David R. Black’s Bankruptcy Legal Group, a division of Black & Associates, P.C., at 610-365-1052 for a free consultation, or contact us online. Our office is half a block from the Delaware County Courthouse, and is accessible by SEPTA, Regional Rail and the trolley. Our Media bankruptcy lawyers are available Monday through Friday, 8:30 a.m. to 5:00 p.m. and reachable by phone on weekends and after business hours. We serve