What We Do
We sue repossession companies and the creditors for whom the repo agent takes your vehicle. If your vehicle has been repossessed, please contact us so we can see if you have a case.
Virginia Laws Protect Against Improper Repossessions
There are laws that protect against improper repossessions. These laws allow you to sue over improper repossessions. Virginia allows “self-help” repossessions. This means that a creditor (referred to as a “secured party”) does not have to take you to court and get a court Order allowing the creditor to repossess your car if you are behind in your payments. However, in order to benefit from the ability to seize your vehicle without first getting a court Order, a lender and its repossession agent have to follow strict rules. They cannot breach the peace when they repossess a vehicle. A breach of the peace could involve violence, or making a threat of violence, while repossessing your vehicle. If you are there and object to the repossession, the repo man (or woman) must stop. It is illegally deceptive for the creditor or repossession agent to have law enforcement personnel present during the repossession, because that can make the consumer believe that she has lost her right to object to the repossession. A repo person cannot pretend to be with law enforcement. If you are current in your payments, it is generally against the law for them to repossess your vehicle.
The secured party, be it a bank, credit union, or other lender, has to see that these rules are followed when repossessing your vehicle. They have a non-delegable duty not to breach the peace. That means that they can’t just blame it on the repossession company if your rights have been violated. The secured party has a responsibility to proceed in a commercially reasonable fashion.
After a repossession, the cannot prevent you from getting personal items out of the vehicle.