Legal Question in Credit and Debt Law in Wisconsin

Is it legal for an Auto Loan Company to call neighbors and tell them that they are going to reposes my car?


Asked on 10/22/09, 4:21 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Third party collector contacts with your neighbors, coworkers, etc., are prohibited by the Fair Debt Collection Practices Act (FDCPA) and its WI equivalent. Unfortunately, these rules are often violated by collectors and few debtors follow through the lawsuits which the collectors so richly deserve. Instead, many debtors opt for the most practical solution to collector problems, which is often bankruptcy. After your filing, collectors are subject to a federal court injunction against continuing to bother you, as well as severe penalties if they violate these rules. As for repossessing a car (known as a replevin in legal jargon), even after a bankruptcy, a lender may have the right to get the car back (rather than to get money from you personally) if you have not made the necessary arrangements to retain it. Those arrangements would include catching up on your payments and possibly signing a reaffirmation agreement. Another option for keeping a car (or even for getting a car back after repossession but before the lender has resold it) is a chapter 13 bankruptcy. For loans more than 2.5 years old, it is also possible to sometimes reduce both the interest rate on the loan and the price you have to repay if the value of the vehicle is less than the balance owed. My response in this public web forum is intended for public educational purposes only and not intended to create an attorney client relationship between us. However, I would be more than happy to discuss possible representation with you via a private email or via the inquiry link on my private office website.

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Answered on 10/28/09, 7:56 am


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