Facing Auto Lending or Repossession Problems in Texas? We Can Help.
Dealing with auto loans, especially subprime loans with high interest rates, can be overwhelming. And if your car has been repossessed, you may feel powerless. At Cannon Legal PLLC, we are dedicated to protecting the rights of Texas consumers facing unfair auto lending and repossession practices.
We help Texas consumers understand their rights and fight back against unfair auto lending and repossession practices. If your car was wrongfully repossessed, even if you were just slightly late on a payment or if the repossession was disruptive, we can help
Did My Car Get Repossessed Unfairly?
We can help if:
- Your car was taken even though you were current or only a few days late on your payment.
- The repossession agent breached the peace by entering private property improperly or causing a disturbance. This includes situations where the repo agent breached the peace, such as entering a locked driveway at night or causing a disturbance.
- You didn’t receive proper notice before the repossession.
- Your loan agreement had specific requirements the lender didn’t follow.
How Cannon Legal PLLC Can Fight For You
Our experienced consumer law attorneys can:
- Review your auto loan agreement to identify any unfair or illegal terms, including high interest rates and potential for discriminatory impact.
- Investigate the circumstances of your repossession to determine if it was wrongful under Texas law. This includes investigating if the repossession involved a breach of peace, which is an unlawful method of collection under the Texas Finance Code.
- Advise you on your rights under the Texas Finance Code (Debt Collection Act) and the Deceptive Trade Practices Act (DTPA).
- Analyze your contract for any required cure or notice requirements that the lender may have failed to comply with before repossessing the vehicle.
- File a lawsuit on your behalf if your repossession was wrongful, seeking damages for your losses. We can help you pursue damages resulting from wrongful repossession, such as the value of lost use of the car (rental costs), damage to credit, mental anguish, and the value of personal property inside the vehicle.
- Fight for treble damages if the lender acted knowingly in violating your rights. Such violations are considered deceptive trade practices actionable under the DTPA.
- Provide you with clear information about your consumer rights related to auto lending and repossession.
Texas Auto Debt Collection FAQ’s
It is crucial to act quickly. There are deadlines for taking legal action, and the sooner you contact an attorney, the better your chances of a favorable outcome.
Do not resist physically. However, you can clearly state that you do not consent to the repossession and document the interaction, including taking videos or photos if it is safe to do so. Then, contact an attorney immediately.
The Texas Debt Collection Act (found in the Texas Finance Code Chapter 392) prohibits certain unfair or deceptive practices by debt collectors, including actions taken during a repossession. Violations of this Act can be pursued under the DTPA.
Yes, if your repossession was wrongful, you may be entitled to damages. This compensation can include the value of the loss of use of your vehicle (rental costs), damage to your credit, mental anguish, and the value of any personal property that was in the car. In some cases, you may also be able to recover treble damages.
You should contact a consumer law attorney immediately to discuss your situation. Cannon Legal PLLC can review your case and advise you on potential legal action, including suing for damages under the Texas Finance Code and the DTPA.
A breach of the peace occurs when the repossession agent’s actions go beyond simply taking the vehicle and involve things like entering a locked gate, causing a disturbance, or using threats.
A repossession may be wrongful if you were not in default according to your loan agreement, if the lender failed to provide proper notice, or if the repossession involved a breach of the peace.
