Repossession Lawyer in Cuyahoga County
What Is Repossession?
Repossession is a legal process where a lender takes back property from the borrower who has failed to make payments on their loan. This can happen with a variety of items such as cars, homes, or boats. There are several reasons why repossession may occur, including failure to make payments, exceeding mileage restrictions or damage to the property, or not maintaining the required insurance coverage.
If you are facing the threat of repossession or your property has been repossessed, Van Ness Law is here to help. There are a variety of options at your disposal for reclaiming your property or avoiding some of the compounding effects of repossession. At our office, we work directly with clients to understand their situations and develop individualized strategies. To find out what we can offer, simply reach out online or call us.
Chapter 13 Bankruptcy and Repossession
Filing for Chapter 13 bankruptcy can be beneficial for those with any property that is at risk of repossession or has been repossessed already. Filing institutes what is called an “automatic stay,” which prevents creditors from attempting to collect debts or moving forward with a repossession. It also keeps creditors from selling repossessed property at auction.
In short, Chapter 13 bankruptcy allows individuals to restructure their debts and keep their property. Filing can be complicated, so it is best to consult with an attorney and have them offer guidance through the process.
Chapter 7 Bankruptcy and Repossession
In certain cases, a person might not be worried about a creditor repossessing property, but they ought to be aware of the impacts of a deficiency balance. This is the difference between the value that the property sold for and what the person owed on the loan. Creditors can sue for this balance unless a person files for Chapter 7 and has it successfully discharged. Like Chapter 13, filing for this kind of bankruptcy is complex. For help determining whether it is the right option, consult with our attorney at Van Ness Law.
Turn to Our Cuyahoga County Repossession Lawyer
To schedule a free consultation to discuss your situation, reach out to our office. Our repossession lawyer in Cuyahoga County has helped numerous clients who have faced repossession for more than three decades.
No matter the case, he works directly with clients to develop personalized legal strategies. At our office, you can count on your case getting the time and attention it deserves.
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Your Repossession Rights
While creditors have the legal right to repossess property, there are specific guidelines they must follow, and borrowers also have rights that the law protects. Creditors cannot take any actions that are likely to cause a violent altercation. Additionally, if a person is repossessing a car, for example, they cannot damage fence locks or break into a garage in the process, and police may not assist them in the repossession either.
Beyond laws about what cannot happen during repossession, there are also things creditors cannot legally repossess.
- Items purchased with a credit card
- Property that is not contractually listed as collateral for the debt
- Collateral property that is listed in an unenforceable contract
We are available at (440) 650-1787. Our office proudly serves all of Northeast Ohio including Cuyahoga, Lake, Lorain, Geauga, Portage, and Summit Counties.
"I can enthusiastically recommend Van Ness Law to anyone considering bankruptcy."Charles is very good at explaining the various aspects of the process and answers any questions in a timely manner.- GN
"Love him. Very fast. Very nice. Answered all of my questions."Glad I found him. Great guy! Thank you for your help and for being so thorough.- Former Client
"Mr. Van Ness and his staff were thorough, patient and helpful."They made certain we were comfortable with each step before proceeding.- Leonard R.
"It was a fast and easy process."My attorney Mr. Van Ness provided great assistance with my Bankruptcy- Bianca M.
"Mr. Van Ness made this process smooth and worry free."He really made me feel relief...Can't thank him enough.- Juanita B.
"Mr. Charles Van Ness is a great man to whomever is in need of his service"Mr. Charles Van Ness is a great man to whomever is in need of his service I would strongly recommend him to you… even though I did not accomplish anything from the estate he did work hard to try and do so I appreciate the effort and blessings to his- Anna W.
"Van Ness Law was very professional and kind during our tough time."Such a sigh of relief to be on the other side of our situation now with all the help they provided.- Keith C.
"I would definitely recommend Van Ness Law for your bankruptcy needs."I was also treated with respect and never felt ashamed or embarrassed because of the bankruptcy.- Degra S.