RepoRant is NOT a legal service and is providing the following for informational purposes only. This is NOT legal advice and you should always speak directly with a certified
Alabama lawyer to help you with any Alabama Repossession Law decisions.
Alabama Repossession Law states that your possessions can be repossessed under the following conditions:
Repossession in Alabama can happen when you
have signed an agreement while using the property as collateral for the loan.
If you fail to honor the loan agreement
terms, then the property may be put up for repossession immediately.
The majority of lenders will have you
acknowledge this in your loan papers, such as a car loan which could lead to an Alabama auto repossession.
The majority of Alabama Repossessions are
car repossessions or truck repossessions, but can really be any Alabama vehicle repossession this is encumbered with a loan.
This could include RV repossession,
Motorcycle repossession, ATV repossession, Boat repossession, or even Airplane repossession.
While Alabama vehicle repossessors have many
rights under the law to recover your vehicle, they do have to adhere to certain rules limiting how and where they can repossess your property.
An Alabama repossession agent may not enter
your home uninvited to recover your property.
- Alabama repossession agents may not
use violence in any way to repossess your vehicles, or other property.
- Repossessions in Alabama cannot
happen when a repo agent has tricked you into bringing your vehicle into a shop and then repossessing it after you've left.
- However, if you bring it in on your
own, then the repo agent does have the right to come take your car or truck up for repo.
- Alabama repossession agencies do
NOT need to notify you prior to repossessing your vehicle.
- There does not have to be a court
hearing in Alabama in order for a lending company to repossess your car or truck.
- Mortgage lenders are not able to
repossess a house in Alabama.
- Alabama repossession law requires
that homes be placed into foreclosure and then auctioned if the loan cannot be paid.
How to get your Alabama car, or
truck repossession back from the repo agency after it has been repossessed:
Alabama repossession laws dictate that a
lender must mail all borrowers of a repossessed vehicle a notice stating that you have the right to retrieve (redeem) your car or truck once you have satisfied all of the outstanding issues
related to the vehicle repossession.
The notice from the Alabama repo company
will inform you of when you must redeem your repossessed vehicle by before it is to be sold at auction.
- You may be required by the lender
to pay off the entire loan amount of the repossessed vehicle before getting the car or truck back.
- Alabama repossession laws do not
allow you to file for bankruptcy to avoid repossession of your vehicle.
- It is always advisable to contact
an Alabama certified attorney to help you with your decisions related to Alabama repossession laws.
Alabama repossession laws allow you to retrieve your personal belongings from your repossessed vehicle:
The Alabama repossession company will inform
you of how to retrieve any personal items from the repossessed vehicle.
- Alabama repossession laws allow
repossession companies to remove all loose items from the car or truck and store them at cost to you.
- You will be given an appointment
with the Alabama repossession company to come redeem your property and/or your repossessed vehicle.
- If the Alabama repossession company
does not allow you the opportunity to retrieve your property which was located in the repossessed car or truck, then you may contact the lender who you received the loan from and inform them what
items you need back.
If you don't pay for your Alabama repossessed vehicle, it may be sold at auction:
Alabama repossession laws allow the lender
to sell your repossessed vehicle at auction if you do not redeem it by their deadline.
After the sale of your car repossession, the
lender will send you another notice informing you what your repossessed vehicle sold for.
The notice will inform you what the balance
is between what you owed on the repossessed vehicle and what it was sold for at auction.
- Alabama repossession laws allow the
lender to collect the remaining difference from you if the auction price of the repossessed car or truck did not cover the full balance of the loan.
You have options under Alabama repossession laws if the lender tries to collect the loan balance from you:
If the lender sues you for the balance of
the loan on your repossessed car or truck, you may have valid defenses and/or counterclaims to what they are suing you for.
Be sure to review all Alabama repossession
If by Alabama repossession law you find that
the lender and/or the Alabama repossession company did not properly inform you via written notice of your rights and deadlines/fees, then you may have a claim against them.
Alabama repossession laws also protect you
from the unreasonable sale of your repossessed vehicle at auction.
This means that if your repossessed vehicle
is sold well under the appropriate auction value, then you may not be responsible for the full balance against your loan.
As always, be sure to contact a certified
Alabama lawyer to help you with all Alabama Repossession Laws.