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Can someone give me an expert explanation of the vehicle repossession laws in the state of Virginia?
Anonymous7 views4 answers
I need to know the steps that a lender is required to follow in Virginia before, during, and after a vehicle repossession; especially in regards to time frame and types of notification. I have talked to a couple of consumer protection lawyers and they have conflicting opinions.
Please call a consumer lawyer in your area. You posted a very good question and something that others may want to know. The lawyers in your state are licensed to interpret state law. try the find a lawyer tab ASAP. Good luck to you...hope this helps!
This is a pretty simple question and answer format it isn't designed for lawyers to lay out all the laws of all the possible options that might be impacted or implicated for any situation. I know it's not the answer you're looking for, but the best way forward, especially if you represent an institution attempting to do a repossession, is your own consumer lawyer.
Scott Raymond SexauerFamily Law AttorneyFairfax, VA ·
First, look to the terms of the note; that will tell you what constitutes default. Second, take the note and any other document regarding the loan to a local attorney for a full and frank discussion. Simple answer: if you pay, you keep the car. If you do not pay, the finance company has the right to repossess.
John Russell GriffinLitigation LawyerAnnapolis, MD ·
Mostly likely the Virginia version of the Uniform Commercial Code applies. Basically, if you default the lender can repossess your car. They don't have to warn you that they are coming, they just can't breach the peace (use force, break into a garage, etc.) Once the lender repossesses your car they have to send you a letter informing you that they have the car and tell you how you can get it back (i.e. how much to pay) and when they intend to sell it. The letter is supposed to be sent a reasonable time prior to the sale. After they sell it they have to send you another letter explaining how the sales proceeds were applied. You don't actually have to receive the letters, they just need to mail them to you at the last address you gave them. Their actions need to be "commercially reasonable" and the average auto repossession will most likely be just that. The facts of every case are different and if you have questions you should seek out a local attorney.