If you are unable to repay the car loan within the scheduled period of time, there is every possibility that your lender will repossess the car, according to the terms of agreement between the lender and the car purchaser. If you purchase a car on credit, it is vital to remember that he holds back the right to repossess the car at any point of time if the loan is not paid within the stipulated period of time. Even in the agreement paper that you have signed, it is vital that you should add a separate section that may highlight the exact date and the methods that he should follow to repossess car. On your part, it is important that you should first find out the details of the agreement with the purpose of determining if at all, your lender has violated your rights as a car purchaser while repossessing your car at any point of time.
Unfair repossession occurs when the lender breaks the agreement with the car purchaser and it occurs in multiple ways. For instance, if you cannot make the full payment or if he accepts partial payment, then this type of situation implies that there has been a slight modification of the agreement. In fact, they should provide notice to you and then he should wait for a specific period of time before he actually takes possession of your car once again.
You also have specific rights that you can use in order to deal with unfair repossession of a car. If you think that you are a victim of this type of issue, it is advisable that you should take the help of a proficient lawyer in order to file a lawsuit against your cunning lender. The article will highlight on a few important tips that you should follow to sue him in the best possible way.
If your car is taken away from you in an unfair way, the first tip that you should follow is to write down your demand letter as soon as possible. In fact, in maximum cases, you need to send this important letter to him before you actually file the lawsuit on a particular day.
The next step is to add the demand of a certain amount of money in the letter that you wish to take from the lender in order to cover up the damage that you have sustained due to wrongful repossession of your car. All you have to do is to set up a particular deadline within which you want to get back your car and within that time you also want to get money as your compensation.
Your objective is to ask for a petition form from a court clerk. Generally a court clerk keeps standard forms that can be used by the individuals for diverse legal purposes. There are a few court clerks who keep court books that also include special sample petition forms.
You should prepare your petition in the best possible way and you should also include relevant facts that are associated with your fake auto repossession. You should not forget to request for damages in your petition. It is vital that you should mention the minimum amount of money that you wish to get as your compensation in the petition, but it is advisable that you should not mention the exact amount of money that you wish to acquire from the lender.