Legal Question in Credit and Debt Law in Pennsylvania

Pick up truck was repoed by credit union but I have clear title to the truck showing no liens ever placed against the truck. Did have a loan with the credit union but since they do not hold the title to the truck do they have the right to take possession of it?


Asked on 6/12/11, 7:24 am

1 Answer from Attorneys

I don't understand this at all. How can anyone repossess your vehicle if YOU have title?

Either there is a lien on the title or there is not. A lienholder can repossess your car if they hold a lien on your title. Usually, the way this works is that you and the lender place a lien, give the title to the DMV, the DMV records the lien and sends the title to the lienholder to hold until your loan is paid. if you do not pay, the lienholder can then repossess and sell your vehicle.

If there is no lien, then no one repossessed your vehicle. If you owe money to the credit union, its like any other company - they have to first sue you and get a judgment against you before they can take anything that you own. Once they get a valid judgment, if you own the vehicle free and clear, they can send the sheriff out to seize your vehicle and have the sheriff sell it.

The only other thing that I can think of is that you borrowed money from the credit union, they possibly could hold your vehicle title as collateral and you might have signed a limited power of attorney giving them the right to handle the vehicle for you if you did not pay back the loan.

If none of these are true and you know for a fact that the credit union repossessed your vehicle then I would be on the phone burning up their phone lines to find out HOW they were able to do this without you signing anything, without a judgment and without a lien on the title. if you find that it was done in error, then they need to give you something in writing or contact the repo company so that your vehicle can be returned to you.

I also suggest that if you do not get satisfactory results and your vehicle is not returned, then you need to hire a PA consumer attorney to get your car returned ASAP.

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Answered on 6/13/11, 3:27 pm


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