Atlanta Bankruptcy Firm Clark & Washington Public Alerts: Georgia Repossession Laws

    ATLANTA, GA, August 10, 2011 /24-7PressRelease/ -- The Atlanta bankruptcy attorneys at Clark & Washington would like to remind Georgia citizens of their rights regarding vehicle repossession. A better understanding of the Georgia repossession laws, combined with the legal assistance of an experienced Atlanta bankruptcy lawyer, can increase the chances of an individual successfully reclaiming his or her car.

According to Georgia law, a car lender may lawfully seize your vehicle as soon as you default on your loan as specified in your contract, usually by missing a payment or allowing the insurance to lapse. The creditor can seize your vehicle without giving you any prior notice, as long as this can be done without a breach of the peace. If the creditor's actions constitute a breach of the peace, such as the use of physical violence or entering a locked enclosure, this may give the debtor a defense against the creditor in court.

Once it has possession of the vehicle, the creditor may opt to sell it at a public auction or private sale. The creditor may add its costs to repossess, store, and sell the vehicle to the balance of the debt. The sale must be conducted in a commercially reasonable manner. If the creditor wishes to pursue a deficiency against the debtor (i.e. the difference between the sale price and the total amount of the debt), Georgia law requires the creditor to give the debtor reasonable notice of the time and place of the sale, and the opportunity to redeem the vehicle beforehand. The creditor must also notify the debtor of its intent to dispose of any personal property found within the vehicle.

Individuals facing vehicle repossession are encouraged to contact Clark & Washington for a free consultation with an Atlanta bankruptcy attorney. With many of the most skilled and experienced consumer bankruptcy lawyers in Atlanta, Clark & Washington has a high success rate in getting repossessed vehicles returned to their owners. For more information, visit Clark & Washington online at www.cw13.com.

About Clark & Washington:

Established in 1983, Clark & Washington is now one of the leading bankruptcy firms in the Southeast, with locations in Georgia, Florida, and Tennessee. Clark & Washington specializes in personal chapter 7 and chapter 13 bankruptcy cases, and offers honest, helpful, legal advice to individuals facing financial hardships.

For more information, please visit www.cw13.com.

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