Wrongful Repossession Attorneys in Houston, TX

Fighting for Victims of Wrongful Repossession

When you miss even a single car payment in Texas, lenders can move to repossess your vehicle. However, you still have rights and protections, and repo agents cannot take your vehicle however they please. If you believe your vehicle was improperly repossessed, if the repo agent breached the peace, or if they damaged your property while taking your vehicle, you shouldn’t wait to get legal advice.

At JJ Law, we understand the stress, disruption, and financial hardship that wrongful repossession causes. Losing your transportation can jeopardize your job, your ability to run errands, and your family's stability. Our experienced attorneys can fight back against lenders and repo agents who abuse their power. We can identify every violation of your rights, work aggressively to hold the responsible parties accountable, and pursue every available remedy. 

You may be entitled to compensation, and we are prepared to work diligently to get you every dollar you deserve. Our results-driven advocacy is designed to make sure you feel informed, empowered, and valued throughout each step of the legal process.

Call (888) 495-3339 or contact us online to schedule a free consultation with our wrongful repossession lawyers in Houston, TX. We answer phones 24/7 and can discuss your case virtually. Se habla español.

Can a Repo Agent Really Just Take My Car?

If you fall behind on even one car loan payment, yes. In Texas, lenders and repo companies do not need a court order to repossess your vehicle if you are behind on your loan. They aren’t required to give you any written notice or call you before attempting to take your vehicle.

The best way to avoid a repossession is to make all scheduled payments on time. If you know you cannot make an upcoming payment, you should reach out directly to your lender and attempt to negotiate a solution that avoids repossession.

Once you are behind, though, a repo agent can take your car from public or private property. This means they can repossess your car when it’s in a parking lot, parked on a street, or even parked on your driveway if it isn’t behind a locked gate or fence.

That doesn’t mean you are powerless. You still have rights you can enforce when you are at risk of repossession.

How Can I Stop Repossession?

Again, the best way to stop repossession is to catch up on missed payments and bring your vehicle loan current. We realize that this may not be possible in many cases. Additionally, some lenders may accelerate your loan as soon as you miss a payment, meaning simply making a late or partial payment won’t necessarily bring your loan current or prevent repossession. This is why proactively talking to your lender before missing a payment is so important. 

Repo agents do not have unlimited power, however, even if your lender technically has the right to repossess your vehicle. Repo agents cannot “breach the peace.” 

Examples of breaching the peace include:

• Continuing to take a vehicle after someone objects to the repossession
• Attempting to take a vehicle while someone is occupying it
• Using or threatening physical force when attempting to carry out a repossession
• Entering a closed garage without permission to access a vehicle
• Damaging property (such as a lock) to access a vehicle

In other words, you frequently have the right to stop a repossession by simply telling the repo agent that you object. When you tell the repo agent to stop, they are supposed to listen and cease the attempted repossession if they do not have a court order specifically authorizing it. When a repo agent takes your car despite your objections, they are violating your rights, and you may have a wrongful repossession case.

Note that the repo agent may bring the police, or you may call the police yourself if you find someone trying to take your car. Unless the repo agent has a court order that permits them to take the vehicle, the police cannot assist the repo agent. They also cannot assist you. If they do help the repo agent when they don’t have a court order, they themselves have breached the peace, and your rights have likely been violated. 

Be aware that if you successfully object to an attempted repossession and the repo agent leaves, they will almost certainly return. If your vehicle is accessible and not in a closed garage or behind a locked gate, they may come back in the middle of the night to try to avoid another objection. They may also seek and obtain a court order that allows them to take your vehicle despite your objections, and you will likely be on the hook for the associated court fees.