Legal Question in Civil Rights Law in Virginia
Can a payday loan company repossess your vehicle if it wasn't put up as collateral? A voided check, in the amount of the loan, was the only thing given as collateral.
1 Answer from Attorneys
If the basis for the loan was something other than the title to the vehicle, the answer must be, no, the payday loan predators may not simply seize the vehicle if payments by the borrower have gone into default status. The predators must first obtain a valid court judgment against the borrower for the amount of the loan and the proper procedures then followed to enforce the judgment which could involve a Sheriff's auction of the vehicle to pay the judgment.
It should be further clarified, however, that this loan company may certainly not "repossess" that which it never had a valid claim of ownership to in the first place, i.e., in this case the title to the vehicle.
Related Questions & Answers
-
Can the city auction off your car without prior notice? Asked 5/04/10, 8:39 am in United States Virginia Civil Rights Law