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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37864
Experience:  Retired (mostly)
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What should I do if I have to go to court to fight a repos

Customer Question

What should I do if I have to go to court to fight a reposession?
Submitted: 6 years ago.
Category: Legal
Expert:  socrateaser replied 6 years ago.

Repossession for what (house, car, etc.)?


Tell me the facts, please.


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Customer: replied 6 years ago.

My car was repossessed in April of this year bc I was $146 past due. My payment was due on the 9th and they picked up my car on the 11th for the past due balance. I was never formally notified that if I was a day late and $1 past due that they had the right to repo my car. What can I do at this point? Is this something I can do on my own or do I need an attorney? Do banks have the right to repo cars for being 1 day late or as small as $1 past due? Isnt that what the 10 day grace period is for?

Expert:  socrateaser replied 6 years ago.

The lender's right to repossess the vehicle is determined by the loan agreement/contract. If the contract states that a certain notice time is required, then that agreement governs your rights and obligations.


If unstated, then under MD Code 9-609, the lender can repossess the vehicle, if the loan payment is one day late, without any notice.


I don't know how much the vehicle is worth, after subtracting the loan, but if it's more than $10,000, then you may want to get a lawyer. Or you could try legal aid, for a free or low-cost attorney, at this link.