KEEP YOUR PROPERTY.
Protect Your Vehicle: Schedule a Free Consultation With a Spokane Repossessions Attorney
You rely on your car for just about everything—getting to work, taking the kids to school, and running errands. So when you face repossession, your whole world can turn upside down. While Spokane does have good public transportation, it doesn't cover everywhere you need to go, and frankly, trying to get by without a car here can be a real struggle. If you're facing vehicle repossession, you're probably feeling panicked, but there are options to fight back and even keep your car.
Our Spokane legal team specializes in this area. Even if you've fallen behind on payments, you may still have legal avenues to explore. Whether it's through negotiating a payment plan, challenging repossession in court, or reviewing whether your creditor followed the correct procedures under Washington's Uniform Commercial Code, we're here to help.
Don't let repossession ruin your ability to get around Spokane—contact our repossession attorneys today for a free consultation.
What Do I Do if I Get a Notice of Repossession in Spokane?When you receive a notice of repossession, it's important to know your rights and the laws that protect you from unfair repossession practices. Here's what to do:
- Don't Panic: While it's a stressful situation, staying calm will help you think through your options and make better decisions.
- Review The Notice: Double-check all the details in the notice. Verify the creditor and property details to ensure everything is accurate.
- Know Your Rights: Under Washington state law, creditors can repossess property, but they must not "breach the peace." This means they can't use force, threaten, or cause a scene when repossessing your property. Furthermore, on the federal level, the Fair Debt Collection Practices Act (FDCPA) prohibits creditors from using harassment or unfair practices to collect debts.
- Contact The Creditor: Often, creditors are willing to negotiate. Contacting them can open the door to alternatives, such as rescheduling payments or modifying your loan terms to avoid repossession.
- Consult With A Repossession Attorney: Get legal advice from our Spokane repossession attorneys immediately. We will review the details of your case, provide legal counsel, and fight on your behalf to stop a repossession or find a solution that works for you.
Repossession laws protect you from unfair practices. If your creditor doesn't follow the proper procedure, we may be able to challenge the repossession.
What Does Washington Law Say About Repossessions?In Washington state, repossession laws protect both creditors and consumers. If you've fallen behind on payments for items purchased on credit, such as a car, the creditor may have the right to repossess the property. However, they must follow specific state and federal laws to do so legally.
Under Washington's Uniform Commercial Code, a creditor can repossess property tied to a secured loan if you default on your payments. Your loan agreement terms define default, but it generally means failing to make payments on time. While repossession can happen without a court order, creditors must avoid "breaching the peace" during the process. For example:
- They cannot use force or threats.
- They cannot enter your home or a locked garage without your permission.
- They cannot take property that isn't part of the secured loan agreement.
If a creditor violates these rules, you might have grounds for a counter-lawsuit to recover damages.
In Washington, federal laws like the FDCPA also apply. The FDCPA regulates debt collectors (not original creditors) and prohibits abusive or deceptive practices during repossession efforts. For instance, debt collectors cannot misrepresent their authority to repossess property, harass you, or threaten actions they cannot legally take.
In Washington, after repossession, the creditor must send you a written notice detailing:
- The amount needed to redeem your property
- The date and method of sale if the judge orders a property sale
Once Spokane County sells the property, the creditor can only seek the remaining balance if they follow these procedures. Otherwise, you may be able to dispute any remaining debt or even sue for damages.
Can I Legally Stop a Repossession in Spokane?Yes, you can legally stop repossession in Spokane, and our attorneys can help you. Here are some of the legal strategies they will consider:
- Challenge The Repossession Procedure: In Washington, repossessions must follow strict rules. Under Washington law RCW, a creditor must repossess property without "breaching the peace," meaning they can't use force, threats, or cause a disruption. If the creditor violates this law during the repossession process, we may be able to challenge it in court and stop the repossession. Our Spokane attorneys will review the details of your case and enforce proper legal repossession procedures.
- Negotiate With Your Creditor: Sometimes, simply negotiating with the creditor or lender can stop a repossession. An attorney can help you reach a payment arrangement or modification of the loan terms that works for you, allowing you to avoid repossession altogether. In some cases, it may be possible to work out a "cure" for missed payments or an alternative repayment plan to get you back on track.
- File for Bankruptcy: If you're facing significant financial hardship and there's no other way to avoid repossession, filing for bankruptcy may be an option. Filing Chapter 13 bankruptcy can stop a repossession by triggering an automatic stay, which immediately halts all collection actions, including repossession. Once the automatic stay is in effect, creditors cannot take action to repossess property while your bankruptcy case is active.
- Request a Hearing: If you've already received a repossession notice, you may have the right to request a hearing in court, depending on the situation. In some cases, you can request a stay of repossession, which temporarily stops the process until a judge can review your case and make a decision. Our repossession attorneys can help you file the necessary paperwork with the Spokane County Courts and represent you in these hearings.
If you're facing a repossession in Spokane, don't wait to seek legal help. Our attorneys defend against repossession actions and protect your rights under both Washington state law and federal law. We can review your case, negotiate with creditors, or even explore bankruptcy if necessary. Contact us today for a free consultation, and we'll help you understand your options for stopping the repossession and protecting your property.
Washington, Know Your Rights: Wrongful RepossessionWrongful repossession in Washington occurs when a creditor or lender takes back your property in violation of the law. While creditors have the legal right to repossess property if you're behind on payments, they must follow certain rules to do so. Here is what makes repossession "wrongful" under Washington law:
- Breach Of Peace: Under Washington law, repossession must not cause a "breach of the peace." The creditor or their agent can't use force or threats or engage in behavior that disrupts public order to take your property. For example, if they physically push or intimidate you or if they trespass on your property without permission, it could be a wrongful repossession.
- Failure To Provide Notice: In Washington, creditors must notify you before taking your property. They must send you a Notice of Default, allowing you to make a payment or work out a solution before repossession occurs. The Spokane County Courts may consider the repossession wrongful if the creditor skips this step.
- Failure To Follow Proper Legal Procedures: Repossessions must follow the proper legal procedures outlined in Washington's law, including giving proper notice and not violating any contract terms. If a creditor fails to meet these legal requirements, you can challenge the repossession.
- No Right To Repossess: The repossession might be wrongful if you paid off your contract, settled the debt, or the creditor doesn't have legal grounds for repossession (for example, they made an error in calculating your debt). If the creditor no longer has the right to take your property, you could take legal action to stop the repossession.
If a creditor breaks any of these rules, it could be considered wrongful repossession, and you may have legal recourse to get the property back and even seek damages. Speak with Spokane's top repossession attorneys to learn more.
Our Spokane Repossessions Attorneys Are on Your SideWe know how hard it is to get around Spokane without a car because Spokane Transit Authority buses can only take you so far. Whether you're heading to work, running errands, or trying to get your kids to school, a car is essential here. Furthermore, Spokane's outdoor and cultural spots—like Riverfront Park, the Spokane River Centennial Trail, and Mount Spokane—are all easier to enjoy with a car. If you're facing repossession, don't panic. Our attorneys are here to help you explore legal options to keep your vehicle so you can keep living your life and enjoy everything Spokane has to offer.
Here's what our attorneys can do for you if you're facing a legal repossession:
- Review your case and make sure the repossession was legal
- Work with creditors to get your vehicle back
- Help you recover damages in the case of wrongful repossession
We know how important your vehicle is for your daily life, and we're here to protect your rights and get you back on the road. Call us now to schedule your free one-on-one consultation with our top-rated Spokane debt defense attorneys.