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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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can a vehicle be repoed and the company not notify the own

Resolved Question:

can a vehicle be repoed and the company not notify the owner
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Kirk Adams : The creditor does not have to notify the debtor/owner of the vehicle BEFORE it is repossessed.
Kirk Adams : In fact, that's rarely done in order to give the creditor more of a chance to find the vehicle in a place where it can be recovered as opposed to somewhere locked up or inaccessible.
Customer:

so no paper work has to be done at all

Kirk Adams : Well, there's no paperwork due you.
Customer:

they just take it back and they have to say absolute nothing

Kirk Adams : The loan agreement is the information regarding your obligation, and if the agreement is breached because of nonpayment, the lender can come get the vehicle without any notice.
Customer:

it was my understanding that they at a least need to notify you about the action so u have the chance to recover it...

Customer:

is this false information

Kirk Adams : My information is in regard to notice BEFORE the vehicle is picked up.
Kirk Adams : SOME STATES do provide for a redemption period, but other do not.
Kirk Adams : The redemption period is after the pick-up.
Kirk Adams : Let me know what state you're in and I'll check on it.
Customer:

I live in texas. well let me explain myself a little better. my vehicle was parked at my unoccupied home, about a month later when I went to my home to check on it I notice my vehicle was gone, course I knew it was the lender so I paid them a visit to try to recover the vehicle they stated it was already sold at a auction and that I still owed them the remaining balance

Customer:

..

Kirk Adams : Under Texas law, you must be given reasonable notice (at least 10 days) of the date, time and place of the sale at the last known address the lienholder had for you.
Kirk Adams : Here's a good link you can read: http://www.avvo.com/legal-guides/ugc/what-to-do-if-your-vehicle-is-up-for-repossession-in-texas
Customer:

what should I do

Kirk Adams : in this case, if the home that you abandoned was your legal residence/address the lender had, they may have sent certified letters to you, etc. to satisfy this requirement.
Kirk Adams : Youd have to find out whether or not they sent you a written notice.
Customer:

if a letter was not sent then what would be my next stop

Kirk Adams : If not, the. You may be able to sue for violating your due process rights. However, this would be a tough proposition and you'd need a lawyer to help.
Kirk Adams : The first thing is to see if the lender will provide proof that it sent you a letter with this notice.
Customer:

so when you say this----> Under Texas law, you must be given reasonable notice (at least 10 days) of the date, time and place of the sale at the last known address the lienholder had for you. your talking bout an auction sale... Right?

Kirk Adams : Right.
Kirk Adams : If a notice was sent to your home and you weren't there, the notice could be satisfied.
Customer:

so this letter I am looking for is for the sale of the auction and not the repo?? I just wana make sure I get this righ

Kirk Adams : Yes, you're looking for a notice of sale - not a notice of repossession.
Customer:

I will look into this.... and if this notice is nowhere I need to hire a attorney right? im I on a time frame that this needs to be done

Customer:

excuse me. am I on a time frame??

Kirk Adams : Yes, but you likely have a reasonable amount of time. Generally, there's a 4 year statute of limitations on a breach of contract action.
Kirk Adams : But, you likely want to act quicker than that as there may be other claims you can make that have a shorter limitation period.
Customer:

I appreciate you Mr Adams

Roger, Attorney
Category: Legal
Satisfied Customers: 27086
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 4 other Legal Specialists are ready to help you
Expert:  Roger replied 1 year ago.
Sure. Glad to help. Please let me know if you have any other questions.

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Roger
Roger
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters