How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39164
Experience:  Retired (mostly)
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

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: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.

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


Tell me the facts, please.


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 7 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 7 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.