When you miss payments on your vehicle, your lender or a repossession agent has the right to take that vehicle back. This is a straightforward concept few would argue with.
However, that creditor or repo agent is not entitled to break the law while doing so. If they do, you may be entitled to recover damages for losses you suffered, file a complaint against the lender or agency, or even challenge the repossession in court.
If you are the victim of an unlawful repossession in Houston, D. Miller & Associates is here to provide you with the strong advocacy that has made us a leader in Texas personal injury law. An experienced repossession lawyer at our firm can review your case and help you explore your legal options.
When Is a Repossession Illegal?
Repo agents are generally within their rights to seize a vehicle, but some circumstances cross the line. Situations that may justify a wrongful repossession lawsuit include:
1. The Repo Agent Breached the Peace
In Texas, repossession agents must not “breach the peace.” In this context, breaches of the peace include:
- Using or threatening physical force: Agents cannot intimidate or assault you, your family or bystanders.
- Breaking into locked property: They may not cut locks, break gates, or enter a closed garage to seize a car.
- Causing property damage: It is unlawful to damage your home, driveway or other vehicles during repossession.
- Disturbing the peace at unreasonable hours: Loud or disruptive repossessions late at night or very early in the morning may be considered unlawful.
- Repossessing an occupied vehicle – Taking a vehicle with anyone still inside is inherently dangerous and unlawful. Repo agents must wait until the car is unoccupied before attempting repossession.
Not sure if the agent who took your car breached the peace? Our lawyers have a deep understanding of the car repossession laws in Texas. We’ll tell you what we think when you tell us your story.
2. You Did Not Receive Adequate Notice
Some auto loan contracts require lenders to give notice before repossession, such as warning letters or an opportunity to cure the default. If your lender ignored these terms, the repossession may be unlawful.
3. You Filed for Bankruptcy
Filing for bankruptcy triggers a legal injunction known as the automatic stay. This blocks creditor actions such as repossession. If your vehicle was taken after you filed, the agent likely violated federal law, and you may be entitled to relief.
4. You Did Not Default on Your Auto Loan
Repossession is only allowed if you actually defaulted. Cars are sometimes taken due to clerical errors, misapplied payments or mistaken identity. If you were current on your loan, you might have grounds for a wrongful repossession lawsuit.
Filing a Wrongful Repossession Lawsuit in Houston
If your vehicle was seized via a wrongful repossession, an experienced Houston injury lawyer at our firm can handle your case from start to finish. We will:
- Investigate the circumstances of your repossession and gather key evidence
- Review your loan documents to identify breaches of contract or notice requirements
- Determine whether the repo agent violated state or federal law
- File all necessary legal paperwork and meet important deadlines
- Negotiate with lenders, repo companies or insurers on your behalf
- Represent you in court and advocate for your rights at every stage
When you work with our wrongful repossession attorneys, we will handle the legal burden to spare you as much stress and anxiety as we can. We’ll keep you informed about your options and next steps, and answer all your questions as they arise.
Fighting for Positive Outcomes After a Wrongful Repossession
Texas law allows victims of wrongful repossession to pursue fair remedies. A successful case may help you obtain:
- Return of your wrongfully repossessed vehicle
- Compensation for financial losses, such as towing, storage or missed work
- Damages for emotional distress
- Correction of negative marks on your credit report
- Reimbursement of attorney’s fees and legal costs
Our repossession lawyers will fight aggressively for these outcomes, working to restore your financial stability, protect your rights and hold creditors accountable.
What To Do if You Think Your Car Was Wrongfully Repossessed
If your vehicle has been wrongfully repossessed, it’s important to act quickly to protect your rights. Steps you can take include:
- Document the repossession (date, time, location, agent interaction)
- Collect loan agreements, receipts, and correspondence
- Review whether proper notice was given
- Consider bankruptcy protections if applicable
- Contact a wrongful repossession attorney to assess your case
These proactive steps safeguard your rights and give your attorney the tools needed to build the strongest possible case on your behalf.
Don’t Make These Mistakes After a Repossession in Houston
What you don’t do after a repossession can be just as important as what you do. Avoid these common pitfalls, which may only serve to weaken your case:
- Ignoring the repossession: This issue is not going to resolve itself. Doing nothing will yield nothing.
- Confronting the repo agent directly: It’s best to let an experienced repossession lawyer speak on your behalf.
- Failing to retain records: Keep those loan agreements, payment logs, and correspondence related to the purchase of your vehicle. You will be grateful for those receipts if repossession ever becomes an issue.
- Settling without legal guidance: Accepting fees or payment arrangements without consulting an attorney may limit your ability to challenge the repossession or seek compensation later.
- Missing deadlines: Ignoring time-sensitive notices or the statute of limitation can prevent you from taking legal action.
Working with an experienced wrongful repossession lawyer can help you avoid these and other common mistakes.
Why Choose D. Miller Law for Your Wrongful Repossession Case
At D. Miller Law, we know how overwhelming a wrongful repossession can be, and we are ready to stand in your corner. With more than 66 years of combined legal experience and a track record of 36,000+ cases won, our team has the knowledge and resources to take on powerful creditors and repo companies. We’re also known for our:
- Nationwide reach, Houston roots
- 83-member team ready to support you
- Strong client communication
- Personal attention
From your free case review onward, we aim to make the legal process as stress-free as possible.
Our goal is simple: secure the best possible outcome for you. That may mean returning your vehicle, recovering financial compensation, repairing your credit, or holding creditors accountable.
Our Legal Heroes Will Fight for You
Taking on a creditor may feel overwhelming, but the law is on your side. Our wrongful repossession attorneys are here to level the playing field and give you the best chance of success.
Contact D. Miller & Associates today to schedule your FREE consultation with an experienced repossession lawyer in Houston.
Frequently Asked Questions About Wrongful Repossession in Houston
Can I stop a repossession in progress?
You should not confront a repo agent directly, as this can escalate into conflict. However, you may call law enforcement if the agent breaches the peace and then contact a wrongful repossession attorney to protect your rights.
How long do I have to sue for wrongful repossession in Texas?
Generally, the statute of limitations for wrongful repossession lawsuits in Texas is four years, but the deadlines can vary depending on the facts of your case. An attorney can determine the exact time limits that apply to you.
Do repo agents need a court order to take my car in Texas?
No, repo agents usually do not need a court order if you are in default. However, they must follow Texas law and cannot breach the peace or violate the terms of your loan agreement.
What damages can I recover in a wrongful repossession lawsuit?
Possible damages include return of the vehicle, compensation for towing or storage costs, reimbursement for lost wages, damages for emotional distress, correction of credit report entries, and recovery of attorney’s fees.
Do I need a lawyer for wrongful repossession?
We believe you do. Texas repossession laws are complex, and lenders often have strong legal teams. A wrongful repossession attorney can investigate the case, gather evidence, and pursue the compensation you deserve.
