Wrongful Repossession
The attorneys at The Batista Law Group protect consumers and their vehicles from wrongful repossessions and obtain compensation when consumer are harmed by wrongful repossession efforts and/or wrongful repossession threats. Unfortunately, wrongful repossessions occur all to often in Puerto Rico. By our experience, as many as 8 out of 10 vehicles repossessed in Puerto Rico, are repossessed without the vehicle lender having complied with the laws of the Commonwealth of Puerto Rico. Many debt collectors, finance company and repossession companies believe that they have an absolute right to repossess your vehicle regardless of the laws created to protect you. This often results in illegal and wrongful repossessions. If anyone during the act of repossessing your vehicle engages in illegal behavior it may give rise to a claim against the company.
If your vehicle is subject to wrongful repossession or has been wrongfully repossessed, the Puerto Rico wrongful repossession attorneys of The Batista Law Group may be able to assist you. A wrongful repossession effort or the threat of a wrongful repossession can be stopped. Sometimes, depending on the circumstances, a wrongfully repossessed vehicle may be regained. In addition, if the vehicle lender failed to comply with the strict legal requirements necessary to repossess a vehicle in Puerto Rico, the Puerto Rico wrongful repossession attorneys at The Batista Law Group will help you receive compensation for the damages caused by your vehicle lender. The attorneys at The Batista Law Group have experienced in wrongful repossession cases against, amongst others, the following creditors:
– Banco Popular de Puerto Rico
– Popular Auto
– Toyota Financial
– Oriental Bank de Puerto Rico
– FirstBank de Puerto Rico
– PendFed Credit Union
– Island Reposessions
– Island Finance
– CashMax
If your vehicle is subject to an immediate repossession or has already been repossessed, the attorneys at The Batista Law Group offer a free consultation to discuss your case.
Some of your rights to protect yourself and your vehicle from wrongful repossession include:
1. Notification of Intent To Repossess
Under the laws of the Commonwealth of Puerto Rico, prior to attempting to repossess your vehicle, the lender must give you a written notice that your vehicle loan is in default and that your vehicle is subject to repossession. Depending on your lender, you may be able to dispute the alleged debt and your lender cannot legally repossess your vehicle until they validate the debt. If you have received a Notice of Intent Repossess your vehicle, you should contact the Puerto Rico wrongful repossession attorneys at The Batista Law Group immediate for a free consultation.
2. Violation of Breach of Peace
A creditor cannot legally repossess your vehicle in violation of peace.
These include various breach of peace violations, such as:
• Threatening physical violence or arrest against you or a family member during the repossession process
• Breaking a gate or lock
• Entering a locked or closed garage space
• Entering your home
• Physically contacting or harming anyone
• Having police officers present without a court judgment or the threat to call the police
All vehicle repossessions in Puerto Rico prohibit breaching the peace. If this occurs the repossession company and/or finance company will be responsible for compensation to you.
If any of these actions have occurred, the Puerto Rico wrongful repossession attorneys at The Batista Law Group will help you seek compensation from the repossession company and/or finance company for violating your rights
3. Deficiency Judgment
If your vehicle was repossessed in Puerto Rico, the lender cannot seek to collect from you a deficiency judgment unless the lender sold the vehicle in compliance with the law and gave you, after the sale of the vehicle, multiple notices required by the law. If the lender seeks a deficiency judgment against you, without having complied with the requirements of law, the lender will be responsible for compensation to you. The Puerto Rico wrongful repossession attorneys at The Batista Law Group will help you void the deficiency judgment and get you compensated.
If you or your vehicle have been the subject of a wrongful repossession, or thereat of wrongful repossession, do not hesitate to contact the Puerto Rico wrongful repossession attorneys at The Batista Law Group, PSC. Our Puerto Rico wrongful repossession attorneys are here to make sure you get the representation you deserve. First, we will help you stop any threat or wrongful repossession effort. Second, depending on your circumstances, we will help you a vehicle which has been wrongfully repossessed. Third, on your behalf, we will seek justice and compensation for any damages caused by the lender’s wrongful repossession threats or efforts. Call the Puerto Rico wrongful repossession attorneys at The Batista Law Group for a free consultation.