New Consumer Protections For Nevadans !!!
Beginning July 1, 2017, Nevada will be one of very few states making Wrongful Repossession of a consumer’s vehicle a deceptive trade practice. What does this mean to you as a consumer? You can now hire an attorney to represent you, and if you win, the dealership or the bank has to pay for your fees and costs. Previous law did not allow a consumer to recover their attorney’s fees and costs, even if they won. The biggest offenders in wrongfully possessing a consumer’s car are buy her pay here lenders. The new law allows consumer attorneys to take on these types of cases on behalf of consumers to stop the rampant Wrongful Repossession of vehicles by buy here pay here dealers.
How Important Is Your Car To You?
86% of Americans use their vehicles to get to and from their work, or use their vehicle as part of their job. The number is probably even higher in Las Vegas. Think about it, your car is your lifeline. Your car is critical to enable you to make a living and pay your bills. It enables you to pay your mortgage, pay your rent, put food on the table for your family, pay your insurance and the list goes on and on. Just think for one minute how difficult would it be for you to pay your bills if your car was Wrongfully Repossessed?
What Are My Rights?
What happens if I miss my regular payment?
This is the most important thing you need to know. If you financed your car purchase from a dealership located in Nevada under an installment sale contract, (making regular monthly payments), under Nevada law you have a 30 day grace period if you miss a regular payment before the dealer or the bank can repossess your car. In other words, you must be more then 30 days late on your regular monthly payment before the dealer or the bank can repossession your vehicle based on non payment. If the dealer or the bank repossessed your vehicle based on non payment prior to 30 days after you are late, that is wrongful repossession. Remember, merely being late, less then 30 days, does NOT give the dealer or the bank the right to repossession your car.
What if they turn off my car through an electronic ignition kill switch prior to the 30 days?
Many used car dealers will install an ignition kill switch in your car if you do not make your payment on time. However, if the dealer or the bank activates this device before you are more then 30 days late on your payment, that is considered a wrongful repossession in Nevada. They can’t disable your car for non payment UNLESS and UNTIL you are MORE THAN 30 days late. There are also other protections to Nevada consumers if one of these devices is installed in the car.
Do they have to give me notice before they repossess my car or disable it?
Generally, no. They do not have to call you, leave you a message, or send you a letter before they repossess your car based on non payment. If you are more then 30 days late on your regular payment, they can legally repossess your vehicle.Do they have to give me notice before they repossess my car?
How does Wrongful Repossession law protect me?
Nevada law gives you very powerful rights when your car is Wrongfully Repossessed. But you need to act fast. Time is not your side. No fees for initial consultations, and in Nevada, if you win in deceptive trade practices claim, the other side has to pay all of your attorney’s fees and costs. If we don’t win, you don’t owe us any fees. If you believe you have been a victim of Wrongful Repossession or other auto fraud, contact our office. Contact us.