When you enter into a lease or buy something on credit, you are promising to make payments on a regular basis. If you fail to meet the agreement you have signed and fail to make your payments on time, the creditor can and likely will take legal action against you. The most common type of repossession is for a vehicle, but any item pledged as collateral for a debt can be repossessed. In Utah, the once you become late on your payments, vehicle lenders are permitted to simply find your vehicle and tow it away without any warning. The moment you file bankruptcy, they are no longer permitted to repossess your vehicle or take any other action against you or your property. At Enderton & Mathews, LLC, our Salt Lake City repossession defense attorneys are here to help.
There are only a few types of property which can be repossessed. The type of property which is eligible for repossession are those for which you have taken out a line of credit or loan. Losing property which you have put money towards or which you rely on, like your vehicle, can be extremely traumatic.
If you are failing to make payments on the property which you owe money on, they can repossess it in an effort to recoup their losses. Even if they take back their property, this does not free you from the debt. The creditor will sell the property, often through auction, and apply the proceeds to their costs and to your debt. You will still be obligated to pay any deficiency balance that remains.
Creditors typically repossess vehicles without warning, but will send a post-repossession notice after they have taken your property. Our Salt Lake City repossession defense attorneys understand that the laws can be complex and we are here to help you understand your rights and options.
Depending on your situation, we may recommend filing for bankruptcy, which immediately stops all repossession actions. Contact our office at (801) 701-8644 for a free consultation.