Vehicle Repossession.

When you purchase a vehicle on credit, you will have to make complete payment to your creditor before you can gain full rights to the vehicle. Your rights to the vehicle are established the moment you sign the contract, and these rights depend on the laws of your particular state. If you fail to make payment on time, your creditor may take back your vehicle. This is called vehicle repossession.

However, vehicle repossession restrictions vary from state to state. If the creditor violates the rules of the state, he may have to pay damages to you or even lose all rights to your vehicle. So, it is suggested that you contact your personal attorney to get legal advice or the consumer protection agency of your state to find out more about your vehicular rights.

In several states in the US, it is legal for the creditor to repossess your vehicle without giving you prior warning. If you are a defaulter, most of the states will allow the creditor to repossess you vehicle without prior warning, and they can even enter your property to seize your vehicle. However, almost all states have a ‘breach of peace’ rule, which makes it illegal for the creditor to use physical force or threat to repossess your vehicle. Furthermore, in certain states, it is illegal for the creditor to enter your garage without your permission.

After your vehicle is repossessed, the creditor may keep it to compensate your debt. He may also resell your vehicle in a private or public sale. In some states, it is mandatory for the creditor to inform you about the status of the vehicle. If your vehicle is auctioned off, the creditor needs to let you know the date and time of the auction. At any time, however, you can ‘redeem’ your vehicle by paying up the remaining amount, as well as other expenses such as storage and personal injury attorney fees.

When the creditor resells your car, the money he gets can either be equal to the amount you owe him, or it can be less or more. If it is less than the amount you owe him, then the resold vehicle is said to be in ‘deficiency’. In such a scenario, most states allow the creditor to file a case against you for ‘deficiency judgement’. As a result, he will have the right to get the balance of the loan from you.

If you feel that you will not be able to make payment to the creditor on time, informing your creditor or lessor beforehand will reduce the chances of vehicle repossession. You should also make an attempt to negotiate with your creditor to delay the date of your payment. And if possible, try to revise the payment schedule in your original contract.

For more information on vehicle repossession, you can contact the Attorney General of your state. You can also try to contact your local consumer protection agency. There are also credit counseling organizations that can help you solve your vehicle repossession problem.

Vehicle repossession is not an uncommon thing in the US. In the year 2008, there were more than 1.6 million repossession cases in the country. Although there are measures that can be taken to get your vehicle back after repossession, the best thing to do is still to make your loan payments on time.

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[caption id="attachment_21715" align="alignleft" width="300" caption="Photo Credit: The San Diego Union Tribune"][/caption] Last week, we reported on a car accident in San Diego that resulted out of alleged teen street racing. In new developments, the 18-year-old driver charged with the death of the two teenagers involved in the street racing has pleaded not guilty to vehicular manslaughter among four other charges according to reports at the San Diego Union Tribune. The news follows the earlier arrest of another 16-year-old driver that was taken into custody on similar charges. Just shortly after his arraignment, Michael Johnson, the 18-year-old driver of a Volvo S40, said, according to his attorney, that he is not the responsible party in the tragic San Diego accident fatalities that occurred April 4. Accident reports indicate that Johnson was returning from a spring break beach party in La Jolla when he was allegedly involved in a street racing contest with another teen driver – the unidentified 16-year-old driver of a Volkswagen Passat whose name has not been released since he is a minor. According to Deputy District Attorney Kristen Spieler, the two vehicles were zigzagging across lanes at speeds reaching up to a staggering 100 m.p.h. The 16-year-old driver in the Passat lost control over the vehicle, causing the car to flip over several times across multiple lanes of the road. Two passengers, Anthony Foreman, 18, and Jayli Campbell, 16, were thrown from the Passat and died at the scene of the accident. Two passengers survived the crash. Charlotte McQuillen, survived the accident although she suffered serious injury as a result of the collision including reports that say the teen will have to recover from traumatic brain injury. Anthoney Taylor, 16, also survived the crash although his injuries are unclear at this time. Johnson did not flee the scene of the accident according to police reports and cooperated with authorities once officers assessed the scene of the collision. The teen has no prior criminal record, although authorities say his vehicle was found containing a small amount of marijuana. Johnson is being charged with intoxicated driving, although his lawyer says there were no field sobriety tests to confirm the teen’s alleged intoxication. Teen driving: reminders for concerned parents Last week, we blogged on actions parents can take to prevent teen car accidents. Tips include:

Sign a parent-teen contract. Download your free contract now.
Enforcing the rules. Every teen driver needs to know that rules are there for a purpose, and when they are broken, consequences will follow.
Have a DUI backup plan. As most parents can attest, there are many instances when teen drivers run into problems that supersede their know-how and maturity. Drinking is one of those problems. In cases of emergency, your teen should have an open-door policy where they feel safe to call you when they need help – such in the case of drunk driving or driving while intoxicated.

About the Law Offices of Michael Pines, APC The Law Offices of Michael Pines, APC are specialists in car accident injury. Every personal injury attorney in our San Diego office works hard to seek maximum recovery for every injured client. Your case is handled without any out-of-pocket costs, so do not hesitate to speak to a San Diego personal injury lawyer today for a free legal evaluation. Call us at 1-800-655-6585.