If you default on your car payments, your car finance company will take the necessary steps to repossess your car. Typically, the company can repossess your car without without going to court and without providing you with advance warning. Lee Legal is the law firm of Brian V. Lee, a bankruptcy lawyer in DC who can assist you if you are facing repossession. Filing for bankruptcy in DC or VA automatically prevents your creditors from taking certain actions against you, including repossession.
Once your car is repossessed, your creditor will attempt to resell it at auction. The amount that they obtain at auction will be credited to you and reduce the amount of your balance due. You must be notified of the auction to give you the opportunity to participate in the bidding. Creditors are required to ask a fair price for a car.
Once the car is sold, your creditor will attempt to collect against you for the difference (or “deficiency”) between what you owed on the car and what it was sold for at auction. If your creditor sues you, you will be notified of a hearing date. If you are sued by your car financier after a repossession in DC or Virginia, contact Lee Legal at (202) 448-5136 to discuss your options.
If you still have possession of your vehicle, filing bankruptcy puts in place the Automatic Stay, which will prevent the creditor from seizing your vehicle. A Chapter 13 bankruptcy will allow you to restructure your debt obligations and repay your creditors on a more manageable schedule. If you have already gone through repossession and have a deficiency judgment against you, a Chapter 7 bankruptcy will eliminate the debt you owe under the judgment.