Jacksonville Repossession Defense Lawyer
When facing vehicle repossession or other asset seizures in Jacksonville, Florida, you need experienced legal representation to protect your rights and explore your options. As a dedicated Jacksonville repossession defense lawyer, Carol M. Galloway understands the stress and financial hardship that comes with repossession threats. At the Law Offices of Carol M. Galloway, we work tirelessly to help clients navigate these challenging situations and find the best possible solutions for their unique circumstances.
Repossession can happen quickly and often without warning, leaving families without transportation and facing additional financial burdens. Our firm provides skilled and compassionate advocacy for Jacksonville residents who are struggling with secured debt payments and facing the loss of their valuable assets. We take the time to listen to your specific situation and develop creative legal strategies to protect your interests.
Understanding Your Rights During Vehicle Repossession
Florida law provides important protections for consumers facing repossession, but many people are unaware of their legal rights. When you fall behind on car payments, the lender has the right to repossess the vehicle, but they must follow specific legal procedures. Understanding these requirements can make a significant difference in your case.
Lenders cannot breach the peace during repossession, which means they cannot use force, threaten violence, or enter your garage or other enclosed areas without permission. They also cannot repossess your vehicle if it would require removing other vehicles or property to access it. After repossession, creditors must provide proper notice before selling your vehicle and must conduct the sale in a commercially reasonable manner.
If the sale proceeds do not cover the full loan balance, you may still owe a deficiency balance. However, creditors must follow strict procedures when seeking deficiency judgments. Our experienced legal team can review your case to determine if the creditor violated any of these requirements and help you challenge improper repossession actions.
Bankruptcy Options to Stop Repossession
One of the most effective ways to stop repossession proceedings is through bankruptcy protection. When you file for bankruptcy, an automatic stay immediately goes into effect, which stops all collection activities, including vehicle repossession. This provides breathing room to evaluate your options and develop a plan to address your financial difficulties.
Chapter 7 bankruptcy can eliminate unsecured debts like credit cards and medical bills, freeing up income to make car payments. However, if you want to keep your vehicle, you must remain current on payments or work out an arrangement with the lender. Our Jacksonville bankruptcy attorneys can help you understand whether Chapter 7 is the right choice for your situation.
Chapter 13 bankruptcy offers excellent solutions for homeowners and wage earners who want to keep their vehicles. This form of bankruptcy allows you to catch up on missed car payments over a three to five-year repayment plan while stopping repossession. Chapter 13 can also help you address other secured debts and create an affordable payment structure that fits your budget.
Negotiating with Creditors and Alternative Solutions
Not every repossession case requires bankruptcy protection. Sometimes, negotiating directly with creditors can result in loan modifications, payment deferrals, or other arrangements that allow you to keep your vehicle. Having an experienced attorney negotiate on your behalf often leads to better outcomes than trying to work with creditors alone.
Creditors may be willing to accept modified payment terms, especially if the alternative is repossession and potential bankruptcy filing. Vehicle repossession is expensive for lenders, who must pay towing and storage fees, auction costs, and often recover less than the loan balance through sale. This gives us leverage when negotiating more favorable terms for our clients.
Loan modifications can include extending the loan term, reducing interest rates, or temporarily reducing payments. Payment deferrals allow you to skip payments for a short period and add them to the end of your loan. These alternatives can provide the relief you need while avoiding the negative consequences of repossession on your credit report.
Our firm also helps clients who have already experienced repossession but are facing deficiency judgments or other collection efforts. We can review the repossession process to identify violations of consumer protection laws and challenge improper collection practices.
Jacksonville Repossession Defense FAQs
How many missed payments typically trigger repossession?
Most auto loan contracts allow repossession after just one missed payment, though lenders often wait until you are 30 to 60 days behind before taking action. The timing varies by lender and your payment history. It is important to communicate with your lender as soon as you realize you may miss a payment.
Can I get my car back after it has been repossessed?
Yes, you may be able to recover your vehicle by paying the full loan balance plus repossession costs, a process called redemption. Alternatively, if the lender has not yet sold the vehicle, you may be able to reinstate the loan by catching up on missed payments and fees. Bankruptcy can also help you recover a repossessed vehicle in certain circumstances.
What happens to my personal property left in a repossessed vehicle?
Florida law requires creditors to provide reasonable opportunity for you to retrieve personal property from repossessed vehicles. They cannot keep or sell your personal belongings. If the creditor fails to return your property or damages it, you may have a claim for compensation.
Can creditors repossess my car from work or public places?
Yes, creditors can repossess vehicles from work parking lots, shopping centers, and other public places as long as they do not breach the peace. However, they cannot enter private property like your garage or gated driveway without permission.
How does repossession affect my credit score?
Vehicle repossession has a significant negative impact on your credit score and remains on your credit report for seven years. The missed payments leading up to repossession, the repossession itself, and any resulting deficiency judgment all damage your credit. However, the impact lessens over time, especially if you take steps to rebuild your credit.
What is the difference between voluntary and involuntary repossession?
Voluntary repossession occurs when you return the vehicle to the lender yourself, while involuntary repossession involves the lender taking the vehicle without your cooperation. Both types appear on your credit report, but voluntary repossession may result in lower fees and show some responsibility to future creditors.
Can I file bankruptcy to stop repossession if the car has already been taken?
Filing bankruptcy after repossession can still be beneficial. The automatic stay prevents the sale of your vehicle, giving you time to decide whether to redeem it or let it go. In some cases, you may be able to recover the vehicle through your bankruptcy case.
Serving Throughout Jacksonville
- Downtown Jacksonville
- Riverside
- Avondale
- Springfield
- San Marco
- Mandarin
- Atlantic Beach
- Neptune Beach
- Jacksonville Beach
- Ponte Vedra Beach
Contact a Jacksonville Repossession Defense Attorney Today
If you are facing vehicle repossession or other asset seizures in Jacksonville, do not wait to seek legal help. The sooner you contact an experienced repossession defense attorney, the more options you may have available. At the Law Offices of Carol M. Galloway, we provide exceptional customer service and counsel to clients throughout the Jacksonville area who are struggling with secured debt issues.
Our firm understands that financial difficulties can affect anyone, and we work to ensure that our clients know their legal rights and options. We take the time to listen to your specific needs and develop intelligent, creative solutions to your unique situation. From our office near downtown Jacksonville, we serve clients throughout Duval County and surrounding areas, providing the high level of communication, availability, and accessibility that our clients appreciate.
