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Letters to Tim
Repossessed Car Rights

Tim,

When a car is repossessed what are the consumers rights as far as personnel possessions that are the car?

Shirley

Tim's Answer

Shirley,

Laws can vary by state. Generally, personal property that is in repossessed Cars, Trucks, SUVs, Boats etc, should be inventoried and placed in a secure location for the owner to claim during normal business hours without charge.

Charges can be imposed if the property is not claimed usually within ten business days after you have been notified by US mail. You should check your states laws.

If the repossessor refuses to allow you to claim your property, I would contact the local police agency that has jurisdiction and ask them to accompany you to their location to keep the peace. The police can't force them to give you your property but their presence usually helps.

If you claim that property was in the vehicle and is not accounted for, the burden of proof is on you to prove that it was really there when it was repossessed. This can be very difficult to do.

Depending on your proof and the value of the property you may need an attorney or local small claims court. I would also make a police report and check your insurance coverage.

A recovery agency provides a valuable service to banks and finance companies in keeping losses down, which results in lower charges to all of their customers.

While the vast majority of the recovery firms are honest business people providing a service, there are a large number that are rogues who violate the law and whose employees come from questionable backgrounds.

I hope this is not the case in your situation. However if it is they will in all probability have a record of complaints with the local police and licensing agency.

Good luck, Let me know the outcome.

Tim

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