Halt Repossessions Now! Call Our Bellingham Attorneys

The WTA can get you around Bellingham, but for the most part, you will need a car when you live here. That is why facing vehicle repossession in Bellingham can be really stressful. You may be worried about how you will get to work, take your kids to school, or run basic errands. Fortunately, our top Bellingham legal team can help you stop vehicle repossessions and help you keep your car. No matter your financial situation, you have legal options our Bellingham repossession attorneys will help you understand.

For over 30 years, we've been helping Bellingham and Washington state vehicle owners stop repossession and get their finances back on track. We'll protect your rights during a repossession, explore your options for debt relief, and make sure you can still get around town. If you're facing a repossession, give us a call now for a free consultation with a skilled Bellingham lawyer.

Is Repossession Legal in Whatcom County?

Vehicle repossession is legal across the state of Washington, including in Whatcom County. When you take out a loan on a vehicle, your loan agreement typically gives the lender a security interest in the vehicle. The lender has the right to reclaim their security interest in the vehicle if you default on the loan by failing to make payments or not meeting the car insurance requirements. Depending on the loan agreement conditions, the lender may repossess the vehicle to claim their security interest.

Washington state has strict repossession laws, so it is possible your repossession is not legitimate. In those cases, you want to speak to a Bellingham repossession lawyer immediately.

Can a Bellingham Attorney Stop Repossession?

Depending on the unique circumstances of the vehicle repossession, a Bellingham attorney may be able to help you stop repossession legally. Here are some of the options they would explore:

1. Negotiate With The Lender: Your Bellingham lawyer may negotiate with your lender for alternatives to repossession. They may explore loan modification, repayment plans, or forbearance agreements to avoid the repossession of your vehicle.
2. Identify Legal Violations: If your vehicle's lender violated Washington's repossession laws or your loan agreement by failing to provide contractually required notices or engaging in "breach of peace" during the repossession, your Bellingham attorney can challenge the repossession. They can provide a legal defense if an improper repossession has violated your rights.
3. Explore Legal Debt Relief Options: Legal debt relief options like filing for Chapter 7 or Chapter 13 bankruptcy impose an automatic stay, which temporarily stops the repossession process, giving you time to legally address the debt.

In most cases, our Bellingham lawyers can help you stop repossessions right away, so you don't lose your vehicle when you need it the most.

How Does Repossession Work in Whatcom County?

Whether you are worried about your car, van, truck, motorcycle, or other vehicle being repossessed, legal repossession usually follows the same steps:

1. Breach Of Loan Agreement: You fail to meet the terms of your vehicle agreement. For example, you miss one or more payments, fail to maintain required insurance, or violate other loan conditions.
2. Notice From The Lender: If your contract includes certain provisions, you may receive written notice from your lender about the breach of your loan agreement and the possibility of repossession. Unfortunately, Washington law does not require pre-repossession notice.
3. Repossession Initiation: Your lender hires a repossession company to take your vehicle. While you won't receive a warning when this happens, repossession agents must follow the law, which means avoiding physical confrontation or entering locked property.
4. Vehicle Seizure: The repossession company will tow or drive away your vehicle from a public location or accessible private property.
5. Post-Repossession Notice: After repossessing your vehicle, the lender must send you a notice detailing:
   How to redeem your vehicle by paying the outstanding debt
   b. When and where your vehicle will be sold
6. Vehicle Sale: If you do not redeem your vehicle, the lender may sell it at auction or privately. Washington law requires the sale to be "commercially reasonable" or sold for a fair market price.
7. Deficiency Judgment: You'll be responsible for the remaining balance or deficiency if your lender sells the vehicle for less than what you owe on your loan.
8. Legal Challenges: If the repossession was improper, you can challenge the repossession or seek damages.

No matter what stage of the repossession process you are in, our Bellingham repossession attorneys can help. Call us now to explore your vehicle recovery options.

Protecting Your Rights During Bellingham Repossession

In general, lenders prefer not to repossess vehicles because they usually only earn back about 30% of the loan value from repossession. So, in most cases, they are willing to work with you to reinstate the loan and get your payment plan back on track. However, when they feel there is no other way to resolve the debt, they will hire a repo company to take the vehicle. Remember: repossession companies cannot violate the law. Specifically, they are not allowed to do the following:

• Use physical threats or force
• Break into private property
• Disturb your neighbors
• Damage the vehicle
• Block driveways
• Stop you from retrieving personal items from your vehicle

Beyond protections in Washington, you also have federal rights under the Dodd-Frank Act. This law prohibits repossession companies from committing unfair, deceptive, or abusive practices, such as:

• Repossess your vehicle if your loan is current, even if there was a prior delinquency
• Repossess your vehicle if you and the lender agree to extend the loan
• Repossess your vehicle if you follow instructions the company said would result in avoiding repossession
• Repossess your vehicle if you have filed for bankruptcy
• Repossess your vehicle if your lender charges unlawful fees that push your account into default

If a repossession company violates any of these laws, you have a right to legal defense. Count on our Bellingham attorneys to protect you against illegal vehicle retrieval.

Will I Still Have to Pay My Loan After a Repossession?

After a vehicle repossession, you are still responsible for paying the remaining balance on your loan, which is called your "deficiency balance." Your lender will calculate this by subtracting the sale price of your repossessed vehicle from what you still owe, plus any fees and costs related to the repossession and sale. Depending on your contract, fees can include the costs of the towing company, storage, cleaning, mechanical repairs, and more. If you do not pay your deficiency balance, the lender may take legal action to collect the deficiency, which could result in wage garnishment.

A repossession will appear on your credit report, often significantly lowering your credit score. With a lower credit score, it's more challenging to get loans or qualify for good interest rates on loans in the future. The financial impact of a car repossession can last for years, but our Bellingham attorneys will mitigate the damage to your financial future and find legal solutions to protect your financial and legal interests.

Can I Get My Vehicle Back After a Repossession?

Washington law provides options to help you get your vehicle back after repossession. However, you must take immediate action and work closely with a Bellingham debt relief attorney specializing in this area. Once your lender repossesses your car, they are required to send you a notice explaining your legal options for recovery. Typically, you can recover your vehicle by paying the full past-due balance, along with any repossession fees, through a legal process called "redemption." Some lenders may also allow reinstatement, where you catch up on missed payments instead of paying off the entire loan. Act quickly because your lender may sell your car if you don't redeem it within the given timeframe.

Further, if you believe the repossession was unfair or illegal, you have the right to challenge it in Whatcom County. Contact our Bellingham law office immediately. We will help you explore all possible avenues to get your vehicle back and protect your financial interests.

Your Local Bellingham Attorneys Are on Your Side

Having a car in Whatcom County helps you make the most of our stunning community, allowing you to take a quick drive to Fairhaven's historic district for boutique shopping and charming cafes or a short day trip to Lake Whatcom for a peaceful time on the water. With a car, you can easily access nearby Mount Baker for hiking, skiing, or snowboarding adventures or head up to the Bellingham/Canadian border for an easy international weekend getaway. Owning a vehicle is a game-changer in a region where public transportation may not always connect you to these gems.

If you're facing repossession in Whatcom County, our Bellingham lawyers will help you keep your car and stay mobile. Don't let the threat of losing your vehicle keep you from enjoying the drives, destinations, and daily life that make our community so very special. Let us help you stay on the road and in control of your financial future. Contact our Bellingham repossession attorneys now for a free consultation.

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