• Vehicle owners in West Virginia are protected by various laws regarding repossession.West Virginia state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
  
  For consumers who have fallen behind on car payments, vehicle repossession can be a constant concern. Residents of West Virginia are afforded certain rights under state laws that protect their interests. In order for an automobile repossession to be considered legal and valid in the Mountain State, these laws must be followed by the bank or lending institution as well as anyone acting on its behalf.
  
  

Proper Lein Filed

• According to the West Virginia Uniform Commercial Code, in order for any bank or lending institution to repossess a vehicle, it must hold a valid lien against the vehicle. This lien must be on file with the West Virginia Department of Motor Vehicles. Any bank or lending institution that attempts to repossess a vehicle without the benefit of a valid lien is in violation of the law and may be required to reimburse the consumer for any costs or damages that result from the attempt.
  
  

Breach of Peace

• West Virginia law states that any attempt to repossess a vehicle must not be done in any way that is considered a breach of the peace. While the law states that repossession may occur any time of the day or night, there are certain actions that are not permitted. These actions may include the use of force or physical violence in an attempt to obtain the vehicle, or the threat of force or abusive language used to intimidate the debtor. It is also illegal for any bank representative or agent acting on its behalf to enter or attempt to forcefully enter a residence or locked garage in order to retrieve the vehicle.
  
  

Right To Redemption

• Any time before a bank or lending institution sells the repossessed vehicle at auction or private sale, the debtor must be notified of his rights to redeem the vehicle by paying any past-due money owed on the vehicle as well as any costs the bank may have incurred as a result of the repossession. The debtor must be notified in writing at the consumer's address of record as soon as is reasonably possible. Failure to notify the debtor of the right to redemption is a violation under law. If the vehicle is sold at auction after the debtor is advised of redemption rights but fails to act, any additional profits that the bank obtains as a result of the sale must be returned to the debtor, minus any amount owed and costs incurred.