My truck just got been repo whats the step legal wise ?

Question

I got behind on 2 payments on my truck payments , the bank didnt send me a letter of past due or pre repo ? is that legal ?

Do they have to send a past due letter before repo ? Now, do I have to pay the balance in full or just pay the past due amounts to get my truck back. this truck is a tractor - Trailer truck does it make any differance ? this is my bread and butter. no truck no money. what can I do legal to get my truck back ? I also had lots of stuff in my truck like cb, xm radio, fridge. tv, etc.. they may be sotlen by the repo man. Can I claim it to the bank or the Insurance co ?

Answer 1

The UCC(Uniform Commercial Code) is the standard guidelines that are used for repossessions, but some states do have differences differences so your state may have some differences. In which case you may want to consult a lawyer for any specifics.   In most states they do not have to give you a "Notice of Intent" to repo your car/truck.  

The first thing you can see is they will let you "cure the default".  That is to pay all back payments and costs associated with the repo and get your truck back.  However, this is usually not required in most cases and the lender may or may not do that.

If they do not allow you to cure the default, your other option is to "redeem" the vehicle.  That is to pay the remaining balance on the loan plus any fees associated with the repo.  This is where getting a notice and not getting a notice gives you different rights.  If you received a notice you have 10 days to redeem the vehicle, if you are not given notice the UCC provides for 15 days.

As for the items in your vehicle, in most cases they are required to send you an inventory of items within a set period of time, and give you the option to pick them up.  If they do not do this you may have claims you can make against the repo company.  However, modifications such as adding CB's or XM radio once installed may be considered "part of the truck" and they have a legal right to those items.

Answer 2

as far as I know, they are supposed to send a letter if you are behind in payments. you will need to pay the past due amount, and maybe even more, to get your truck back. I'm sure there is something legal you can do about it, especially if they didn't send any kind of notice. also, you can still get your personal items back and if they were stolen by the repo man, you can press charges because they aren't allowed to touch anything inside.