Wichita Repossession Attorney

Defense Against Repossession in Kansas

Repossession is most often done to seize automobiles from delinquent borrowers. In this case when a borrower signed the credit contract or purchase agreement it contained a condition which allows the creditor to repossess the automobile, or whatever object was being secured by the loan. The two parties have agreed in advance to the terms and conditions by which the object can be repossessed in the case of delinquent payments. This is called a "self help" repossession as the creditor can take the car or object back without court action or the need to undergo a court proceeding. In addition the original contracts may allow for the creditor to charge additional fees to cover the repossession cost or even the lowered value of the car.

Kansas is a "self help" repossession state. This means that a car can be repossessed, in accordance to the terms of the contract, without obtaining a court approval to take the car. The law normally requires that the borrower be notified and that the repossession takes place without trespass or "breach of peace". A qualified Kansas lawyer skilled at addressing such matters should be consulted in regards to your individual case.

Getting Relief and Protection from Repossession

Beyond the loss of one's automobile or possessions lie further financial problems. Quite often the car or objects are sold at auction for at a low-ball price. This can leave an unsatisfied balance that the lender will still seek to collect from the borrower. The negative data on a borrower's credit report is not only quite damaging to their score but this black mark can remain for seven years or more.

Often repossession can be stopped via a Chapter 13 bankruptcy handling. In some cases property which has already been repossessed can be retrieved by taking this action. Quite often the amount of a debt can be reduced below existing balance. This can be of significant benefit if you owe more on an automobile than it is worth.

Know Your Options. Call the Kansas Bankruptcy Center

Bankruptcy may not be your only protection against repossession. Norman Douglas of the Kansas Bankruptcy Center has years of practice and has defended the rights of his clients in Kansas. If you are facing repossession then that is a clear sign that you should seek financial and legal guidance from a lawyer specializing in this area.