To prove your car was wrongfully repossessed in Texas, you must show that the lender or repo agent violated your legal rights or acted outside the terms of your loan agreement. This may involve presenting evidence such as payment records, the loan contract, notices received (or not received), surveillance footage, witness statements, and a detailed written account of the incident.
The wrongful repossession lawyers at D. Miller & Associates are here to help you gather the evidence you need to build a strong case. With 66 years of combined experience and a track record of over 36,000 cases won, we know how to build strong legal arguments in wrongful repossession cases. Our goal is to hold lenders accountable, help you recover your vehicle, receive compensation for your losses, and regain the peace of mind you deserve.
5 Ways to Prove a Wrongful Repossession Case
While every case is unique, these five steps can help you build a strong foundation for a successful wrongful repossession claim and avoid common legal pitfalls:
1: Know Your Rights Under Texas Law
Before asserting a wrongful repossession claim, it’s critical to understand your legal rights under Texas law. In Houston and throughout the state, lenders must adhere to specific rules when repossessing a vehicle.
They may only repossess a car after a default, and even then, they must do so without breaching the peace. If the repo agent used force, made threats, entered a locked garage without consent, or violated other legal boundaries, the repossession may be considered unlawful.
A law firm experienced in Texas repossession laws can help you quickly identify if your rights were violated.
2. Gather All Relevant Documentation
Documentation is often crucial evidence in wrongful repossession claims. If you want to build the strongest case possible, make sure to gather relevant information such as:
- Your loan agreement
- Payment records
- Correspondence with the lender
- Notices of default or repossession
- Proof of insurance coverage
- Copies of your credit report
These documents can reveal inconsistencies, such as a repossession that occurred even though you were current on payments or lacked proper notice. In a wrongful repossession claim, it’s essential to keep detailed records of every email, text, call, and other communications to establish a clear timeline.
3. Secure Physical and Digital Evidence
In addition to documentation, physical and digital evidence can play a critical role in supporting your wrongful repossession claim. Photos, surveillance footage, and eyewitness statements may help demonstrate a breach of peace, for example, by showing that the repossession agent entered private property without permission or caused damage to your vehicle.
Even minor details, such as tire marks, broken locks, or scratches, can support your case. Because evidence can quickly deteriorate or disappear, it’s important to act promptly to preserve anything that may help establish that the repossession was unlawful.
4. Record Key Details to Support Your Claim
After the repossession, write down everything you remember about the incident while it’s fresh in your mind. Note the date, time, location, and names of anyone involved. If law enforcement was called, request a copy of the police report. These firsthand notes help create a clear factual record and allow your attorney to compare your account against the lender’s or repossession agent’s version of events.
5. Consult an Experienced Texas Wrongful Repossession Lawyer
Finally, having a knowledgeable attorney by your side can make all the difference. An experienced wrongful repossession lawyer understands the nuances of Texas finance and property laws, can identify procedural errors, and knows how to hold lenders accountable for their actions.
D. Miller & Associates: A Strong Advocate for Vehicle Owners in Texas
At D. Miller & Associates, we have extensive experience handling wrongful repossession claims for vehicle owners in Houston and throughout the state of Texas.
We have the investigative resources to uncover the crucial evidence that successful cases depend on. We will negotiate with lenders, insurers, and other parties involved in a wrongful repossession claim to get the best possible outcome. When the other side refuses to play fair, we are always prepared to take the case to court.
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.
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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.
