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St Louis Bankruptcy: Is There Anything I Can Do If My Car Was Repossessed Wrongfully?


Yes, there is. Very often, the manner in which your vehicle was repossessed was done wrongfully (in other words, the creditor did not follow statutory rules that govern the repossession of a car in St Louis). But there are certain remedies that can be employed to ensure that your rights are upheld.

When a creditor repossesses a car, it must first provide you with certain notifications. This is usually done by way of a letter through regular mail. It should indicate what the deficiency is on your loan, how you can cure the deficiency, what your rights are, and a list of options. A second letter should also be mailed out to you before the repo occurs (indicating that their intent is to repossess the automobile).

If the creditor did not provide you with this sort of information before repossessing, then it has violated your rights. When this happens, your remedy is a state court action called “Wrongful Repossession”. A St Louis wrongful repossession allows you to recover damages and attorney fees.

But that doesn’t necessarily take care of your repo’ed car. If you want the vehicle back, then the primary device would be a St Louis Chapter 13. This is described as a repayment over the course of three (3) to five (5) years during which certain debts are paid back. Included in this repayment would be the balance of your car loan (but at a new interest rate of about 4%, which is often times quite a bit lower than the rate of interest imposed by the creditor).


Once the Chapter 13 is filed, our office will notify the car creditor of the case number, and you will at that point be in a position to retrieve the vehicle. In order to take back possession, the creditor will ask that you prove that the car is insured, and that the repo fees are paid in full.

If your car has been recently repossessed in St Louis, then please do give us a call. Even if your plan to simply let the car go (because you do not want it back), there is a possibility that the creditor violated your rights. If that has happened, we will want to thoroughly investigate all of the facts involved.

The affordable St. Louis bankruptcy attorneys at The Bankruptcy Company have been saving and protecting people’s assets for years. Our goal is to make sure that you keep the assets and property you want, discharge the debts that you want to get rid of, and do it all at an affordable cost to you. All phone conversations and office consultations are free of charge.

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