If you purchased a car before you were called for active duty, the Servicemembers Civil Relief Act protects you from having your vehicle repossessed. Although you may be required to prove that your inability to make payments is “materially affected” by your service, your lender can’t take your car away for nonpayment.
All too often, though, those in the auto financing business don’t pay attention to the SCRA, and routinely repossess vehicles from active duty servicemembers. If this is the case, you do have recourse. The law says that you can recover damages for unlawful possession, along with attorney fees. You may also be eligible to seek protection under the federal Fair Debt Collection Practices Act (FDCPA). Because attorney’s fees are recoverable, it shouldn’t cost you a dime to get legal representation.
If you’ve had your property repossessed, have been unable to get your interest rates lowered to 6%, have been hounded by debt collectors, or have had a default judgment entered against you while on active duty in the military, complete the form to the right for a FREE evaluation, or call toll-free 855-301-8100. The legal team at Lemberg & Associates is committed to fighting for your rights under the Servicemembers Civil Relief Act and under other applicable laws.
