STOP Repossessions

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. 

Call (440) 650-1787 or contact Van Ness Law online.

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. 

These include:

  • 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.

Client Reviews

Read What They Say About Us
  • “Mr. Van Ness is an excellent lawyer and very responsive and respectful.”
    “He immediately puts you at ease and answer any questions you have. I was very nervous thru the whole process but as he said no question is silly.”
    - Pat G.
  • “Mr. Van Ness is a very thorough, professional lawyer.”
    “He works quickly to get the job done.”
    - Debbie K.
  • “It was a fast and easy process.”
    “My attorney Mr. Van Ness provided great assistance with my Bankruptcy”
    - Bianca M.
  • “Mr. Van Ness and his staff were thorough, patient and helpful.”
    “They made certain we were comfortable with each step before proceeding.”
    - Leonard R.
  • “Mr. Van Ness explained everything in full detail and helped me understand the process.”
    “I can’t thank Mr. Van Ness and the front desk ladies enough. You’ve taken a massive burden off of my chest that I’ve been dealing with for years.”
    - Sarah R.
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    “He was professional, well spoken, efficient, and affordable.”
    - Kelley 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.
  • “Mr. Ness work very hard for me and he helped me out and I really appreciate it.”
    “One of my friends gave me Mr. Ness phone number and when I called him he was so friendly and he was so understanding he calmed me down.”