Alabama Repossession Laws
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:
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Repossession in AL can
happen when you have signed an agreement while using the property as collateral for the loan.
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If you fail to honor the loan
agreement terms, then the property may be put up for repossession immediately.
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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.
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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.
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This could include RV
repossession, Motorcycle repossession, ATV repossession, Boat repossession, or even Airplane repossession.
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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.
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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:
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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.
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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:
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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:
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Alabama repossession laws allow
the lender to sell your repossessed vehicle at auction if you do not redeem it by their deadline.
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After the sale of your car
repossession, the lender will send you another notice informing you what your repossessed vehicle sold for.
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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:
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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.
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Be sure to review all Alabama
repossession laws first.
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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.
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Alabama repossession laws also
protect you from the unreasonable sale of your repossessed vehicle at auction.
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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.
It is not legally required to have a lawyer for repossession in Alabama, but it may be beneficial to have one. An attorney can help you understand your rights and
options under the law, and can represent you in court if necessary. For example, if you are facing a repossession lawsuit or if you have any questions about your rights and responsibilities
related to repossession, it may be helpful to consult with a lawyer. They can also advise you on how to handle the repossession process and negotiate with the lender or repossession company on
your behalf. If you are facing a repossession, it is important to understand the laws and procedures in your state, and a lawyer can be a valuable resource in helping you navigate this complex
process. Additionally, if you believe that the repossession was conducted improperly or illegally, a lawyer can help you understand your rights and options for taking legal
action.
It's important to keep in mind that the laws regarding repossession can vary depending on the state and the circumstances, so it's a good idea to consult with an attorney who is familiar with the
laws in Alabama and has experience with repossession cases.