If American Credit Acceptance took your car, the repossession may have been wrongful — and if it was, you may be able to wipe out the deficiency they’re chasing you for and even recover money. Most borrowers never find out, so they pay bills they don’t owe. This page shows you how to tell, how to prove it, and what the law lets you demand back.
When an American Credit Acceptance repossession may be wrongful
A repossession can cross the line when — among other things — the lender or its agent:
- Breached the peace — broke into a locked garage, cut a chain, blocked you in, or took the car over your direct objection at the scene.
- Repossessed when you weren’t actually in default — e.g., you were current, had a payment arrangement, or already reinstated.
- Skipped a required notice — many states require a right-to-cure or pre-repossession notice.
- Failed the after-sale rules — no proper notice of sale, or a sale that wasn’t “commercially reasonable.”
- Ignored military protections — the SCRA can require a court order first for active-duty servicemembers.
Whether any of these happened in your case depends on the facts and your state’s law. Run the free repossession checker →
What you may be able to recover
If a court finds the repossession or sale was wrongful, the remedies can be powerful (they vary by state and facts):
- The deficiency wiped out — you may owe nothing on the balance they’re billing.
- Statutory damages — many states’ versions of UCC Article 9 set a formula (often tied to the finance charge plus part of the principal) that can run into thousands.
- Actual damages — the value of the car, your down payment and payments made, and related losses.
- Return of personal property taken with the car.
- Possible FDCPA/FCRA claims if collection or credit reporting also broke the rules.
How to prove it
- Save every document — the contract, every notice, and the envelopes (postmarks decide notice-timing cases).
- Write down what happened during the tow — where the car was, what was said, who objected, any damage. Photos and witness names matter.
- Demand their records — the notices they claim they sent, proof of mailing, and the sale/auction paperwork. They often can’t produce clean documents.
- Check the deadline math and the sale price against the car’s real value. Is the deficiency even valid? →
What to do now
Don’t pay a deficiency or accept a credit hit until you’ve checked whether the repossession followed the law. If it didn’t, you may be the one owed money. Start with the free checker, then use the kit to send the demand and, if needed, file. Can you sue American Credit Acceptance? →
MultiGen Law Institute is a consumer-advocacy organization, not a law firm, and nothing on this page is legal advice. We are not affiliated with, endorsed by, or connected to American Credit Acceptance. Laws vary by state and change over time; consult a licensed attorney in your state about your situation. Questions? Call 888-728-6069.