Navigating Auto Loan Debt Collection in Ohio
Ohio has several laws that govern auto loans, including the Ohio Retail Installment Sales Act (RISA) and the Ohio Uniform Commercial Code (UCC). These laws provide protections for both borrowers and lenders, and they outline the procedures that must be followed when collecting debt.
One of the key provisions of Ohio's auto loan laws is the requirement for a written contract. The contract must include the amount financed, the finance charge, the payment schedule, and other important terms and conditions. Before signing the contract, borrowers should read it carefully and make sure they understand all of the terms.
If a borrower falls behind on their auto loan payments, the lender has several options for collecting the debt. These include:
Repossession: Under Ohio law, a lender can repossess a vehicle if the borrower is in default on their loan. However, the lender must follow specific procedures, including providing written notice of the repossession and giving the borrower an opportunity to cure the default before taking possession of the vehicle.
Collection Actions: If the lender is unable to repossess the vehicle or if repossession is not practical, they may take legal action to collect the debt. This can include filing a lawsuit against the borrower or hiring a debt collection agency.
Credit Reporting: If a borrower falls behind on their auto loan payments, the lender may report the delinquency to credit reporting agencies. This can have a negative impact on the borrower's credit score and make it more difficult to obtain credit in the future.
Garnishment: If a lender obtains a judgment against a borrower for the unpaid debt, they may seek to garnish the borrower's wages or bank account to collect the debt.
If you are a consumer struggling to make your auto loan payments, consider the following:
Contacting the Lender: If you're having trouble making your payments, contact your lender as soon as possible. They may be willing to work with you to modify your loan or arrange a payment plan.
Reviewing Your Contract: If you're unsure about your rights and responsibilities under your auto loan contract, review the contract carefully and consult with an attorney if necessary.
Keeping Records: Keep detailed records of your payments and communications with your lender. This can help you dispute any inaccuracies or errors that may arise.
If you are an auto deal, auto lender or have an auto debt portfolio, feel free to reach out for a free consultation. Any collection action taken by an attorney must comply with state and federal laws governing debt collection and repossession. You want to choose a firm that is knows the relevant laws.