What can happen legally ifI don’t surrender a car that a lender is trying to repossess?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can happen legally ifI don’t surrender a car that a lender is trying to repossess?

Asked on August 11, 2011 New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, the lender can simply take the car--it doesn't need your consent to take the car, assuming it's legally entitled to it (e.g. you've been missing or not making payments). That's what "repo men" do.

Second, the lender could instead sue you, seeking both a court order that you turn over the vehicle (and if you violate the order, you will be in contempt of court and could face imprisonment) and/or sue you for the money you owe on the financing or loan.

Short answer: if you owe money on a loan or financing agreement that entitles the lender to repossess, you have no legal way to prevent that from happening, other than paying the money due. If you don't owe the money or there is no right to repossess, the best way to handle it is by going to court yourself to resovle the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption