The recent economic downturn has created financial difficulties for many consumers. As a result, the number of vehicle repossessions has increased in recent years. There is also evidence that a higher number of wrongful repossessions are taking place, which presents problems for consumers who may not fully understand their legal rights and consequently may fail to act when their vehicles are wrongfully repossessed. In most cases, lenders cannot repossess your vehicle unless certain conditions are met; these include:
your loan must be in default at the time of the repossession
if late payments have been repeatedly accepted, the lender must give you advance warning in writing of their intent to repossess the vehicle
Also, some actions taken by the repo company may also be illegal. For example, the repossession company can’t threaten you or your family with physical harm or use force against you. Repo companies are also forbidden from breaking into your home or locked garage or using a master or duplicate key to gain entry to a locked area. These acts are considered a breach of the peace and usually lead to a wrongful repossession .
If my vehicle was wrongfully repossessed, what should I do?
If you believe the lender or repossession company acted improperly in repossessing your vehicle, its essential to obtain competent legal advice about your options. An attorney specializing in consumer credit and repossession issues can advise you about your legal rights, including the right to sue the lender or repossession company for damages. You may be able to collect damages that can sometimes exceed the value of the repossessed vehicle and any deficiency balance you owe.
If you are a Canadian citizen with a criminal record you may not be allowed to cross the United States border legally; in fact you will be branded as inadmissible to the United States. Some people in this situation are under the misguided impression that applying for a Canada pardon will enable them to cross legally in the US, however this is not the case; Canada pardons are not globally recognized and the US is a country, which does not place any value on them. The only way to make legal entry into the US is to apply for a US waiver of inadmissibility.
US waiver for Canadians is a time consuming process, which takes around a year from start to finish. The first step is to fill out an I-192 waiver Form down-loadable at the Legal Canada Community website. Other forms that need to be completed are Form G-28 if you use legal representation to file your application and Form G-325A for your biographical information. All of these forms can be downloaded from the Legal Canada Community website.
Next each applicant must get hold of a copy of their criminal record from the Royal Canadian Mounted Police (RCMP). This can only be done by submitting your fingerprints on form C216C something that needs to be done for the US authorities too (on form FD-258). If you have any form of criminal record in another country you must also get hold of a copy of the criminal record or a letter from an official source stating why there is no record. Its no good thinking that you can sweep foreign crimes under the carpet the US authorities search many global databases looking for records and falsifying your record will result in instant denial for a US waiver and thus further blot your copybook. To further increase the US waiver paper trail, you must also contact every court where you have been sentenced and obtain the official court record detailing your crime, your plea and your sentence etc. Finally everyone who applies for a US waiver has the chance to state their version of events by making a personal declaration outlining the events of the crime and detailing efforts to reform such as rehabilitation courses. The aim of this declaration should be to prove to the US authorities that you are now a respected law abiding citizen.
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