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1.3.8 Repossessions and Collection Activity

Automobile repossessions, repossession sales, and deficiency claims are important areas of automobile fraud. Their significance to a consumer attorney is accentuated because consumers often will not go to an attorney after they have been defrauded at the time of a car’s purchase, or even after their car is repossessed, but will go to an attorney after they have been defrauded, their car seized, and the creditor brings a deficiency claim on top of it all. A secured party’s rights and responsibilities in repossessing a car are examined in detail in NCLC’s Repossessions.25 See also NCLC’s Fair Debt Collection26 for a discussion of legal and illegal collection activities. But in any repossession case the consumer’s attorney should also examine the sales transaction for potential claims, including fraud claims based on nondisclosure of the vehicle’s history.

Footnotes

  • 25 National Consumer Law Center, Repossessions (9th ed. 2017), updated at www.nclc.org/library.

  • 26 National Consumer Law Center, Fair Debt Collection (9th ed. 2018), updated at www.nclc.org/library.