Can Citizens Auto Finance take my car if I am behind on payments?

Under Utah law, a creditor may have the right to repossess a vehicle after a default, but they must follow strict procedural rules. This includes avoiding a 'breach of the peace' during the repo process and providing required notices. If they failed to follow these steps, the repossession may be considered wrongful.

What is a deficiency balance?

A deficiency balance is the amount remaining on your loan after the creditor sells the repossessed vehicle. If the sale price is less than what you owed, the creditor may try to collect the difference. However, if the sale was not 'commercially reasonable' or proper notice was not given, the creditor may be barred from collecting this amount.

How does the Truth in Lending Act (TILA) apply to my auto loan?

TILA requires creditors to disclose the terms of the loan clearly, including the APR and total finance charges. If the creditor failed to provide accurate disclosures, you may be entitled to damages or other legal remedies.

Protect Your Vehicle & Your Rights

Deceptive loan terms and wrongful repossessions shouldn’t run you off the road. We help Utah consumers hold auto lenders accountable and resolve deficiency disputes.

Facing Citizens Auto Finance? Know Your Rights Under Utah Law

When you signed your vehicle financing agreement, you entered into a binding contract with expectations of transparency and fair dealing. If Citizens Auto Finance is now threatening repossession, demanding a deficiency balance, or engaging in aggressive collection tactics, you are not without recourse. At Cannon Legal PLLC, we provide experienced representation to Utah consumers who are navigating complex Auto Issues and believe they have been treated unfairly by their lender.

Lenders like Citizens Auto Finance are held to strict standards under federal and state law. When they fail to meet these requirements, they may forfeit their right to collect or even owe you damages.

Common Auto Financing Disputes

Hidden Fees and “Yo-Yo” Financing

Many consumers find that their final loan documents contain “packed” products—such as unwanted GAP insurance or VIN etching—that were never disclosed or authorized. Furthermore, “Yo-Yo” financing schemes, where a dealer falsely claims financing fell through days or weeks after you drove the car off the lot to force you into a higher interest rate, are violations of the Utah Consumer Sales Practices Act. We scrutinize your original purchase agreement to identify these deceptive practices.

Breach of the Peace and Wrongful Repossession

Under the Uniform Commercial Code (UCC) Article 9, as adopted in Utah, a repo agent must act without a “breach of the peace.” If an agent used force, intimidated you, or ignored a direct verbal objection to the repossession, they may have acted illegally. A wrongful repossession can be a powerful defense against a deficiency balance claim.

Commercial Reasonableness and Deficiency Notices

If Citizens Auto Finance repossessed your vehicle and intends to pursue you for a deficiency balance, they must strictly adhere to the law. They are required to send a proper Notice of Intent to Sell and must conduct the sale of the vehicle in a “commercially reasonable” manner. If the vehicle was sold at a basement-rate auction rather than a fair market sale, or if the notice requirements were ignored, we aim to challenge the validity of that deficiency balance.

Legal Insight: Under the Utah Consumer Credit Code, creditors are often prohibited from seeking a deficiency judgment if the original cash price of the goods was below a certain threshold, or if the creditor has failed to comply with the procedural requirements of UCC Article 9. We demand proof that the creditor met every statutory obligation before you pay a dime.

How Cannon Legal PLLC Protects Utah Consumers

Our approach is proactive and aggressive. We do not simply wait for the creditor to act; we build a strategy based on the specific facts of your contract and the lender’s conduct.

Contractual Review: We analyze your TILA disclosures for accuracy and look for forged income statements or undisclosed finance charges.
Arbitration Strategy: Many auto contracts include forced arbitration clauses. We help you navigate these proceedings or determine if opting out is a viable strategy for your case.
Stopping Harassment: If you are being subjected to abusive collection calls, we take swift action to enforce your protections under the FDCPA.
Fee-Shifting Provisions: Many of the statutes we utilize, including the Utah Consumer Sales Practices Act, contain fee-shifting provisions. This allows us to hold creditors accountable while ensuring consumers have access to legal advocacy.

Learn more about Cannon Legal PLLC and how our experienced team can help you assert your rights against large auto lenders.

Creditor Contact Information

If you are in active litigation or a dispute with Citizens Auto Finance, direct all communications through your counsel. For reference, their primary information is listed below:

Mailing Address: 480 Jefferson Blvd, Warwick, RI 75080
Website: citizensbank.com/auto-loans

Do not let a creditor intimidate you into paying a balance you may not legally owe. Schedule your free phone consultation today to discuss your legal options.