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Repossession Laws

(See voluntary repossession)
You are generally in danger of repossession after any late payment, including the very first one. Fortunately, car repossession laws require the loan contract disclose the lender’s repossession policy, including when they can repossess and your redemption rights if a repossession occurs. So if you are expecting repossession, it is a good idea to read the fine print in your credit contract to see the lender’s right to repossess your car. But repossession isn’t a one-way street; you have rights as well. For example, if the repo man breaches the peace during the repossession process, it may make the repo invalid and maybe even save your car!

If you are suffering through a repo you may want to consult a consumer protection attorney to evaluate your rights under repo laws and other must know consumer statutes. Representation may be inexpensive or even no cost and could help save your vehicle or get it back.

Auto Repossession Process

There are three stages of the repossession process: (1) you still have your vehicle but are expecting repossession soon because you’ve stopped making payments or have fallen behind on payments; (2) your vehicle was recently repossessed and you don’t know what to do; or (3) your vehicle was previously repossessed and you’re now dealing with the fallout like a deficiency judgment, collections and credit report problems. Read the below outline of these stages, but where exactly you are in the repossession process will dictate your possible rights and remedies. Depending on what’s happening or happened you may want to contact a consumer protection attorney for a confidential consultation.

  • You receive a late payment warning by mail (but only if the credit contract requires such notice). However, this notice could violate state or federal law so save all letters and notices you receive).
  • You receive a follow up call to the above warning. These calls often violate the Telephone Consumer Protection Act which could entitle you to $500 to $1,500 cash per call—maybe even enough to pay off the car loan! Save all messages and document all calls.
  • You pass some predetermined grace period (look in your loan contract/credit disclosure statement, which by the way may just violate the Truth In Lending Act which could entitle you to damages or a credit on your loan.
  • You may receive one more warning by mail or phone (again save all letters and voice mails, and document all calls).
  • You go outside only to discover your car is missing—from home, work or somewhere else. Keep in mind that repo experts cannot violate any laws during a repossession procedure. For example, they cannot enter a closed garage to repossess your vehicle but can take a car sitting in your driveway.
  • You receive a notice that your car has been repossessed and advising you of your rights including how to get it back. SAVE THIS NOTICE as any missing or incorrect information on it may benefit you.
  • Once the vehicle is repo’d you’ll need to pay off the full past due balance, plus repossession fees, towing charges, impound charges, storage fees and various other fees incurred by the company that repossessed the car or the creditor to get it back. This can easily run thousands of dollars.
  • If you cannot pay the balance owed you’ll lose the car completely! It’ll then be sold at auction or private sale with the proceeds being applied to the balance of your auto loan.
  • If the balance not satisfied and fully paid off after sale you’ll be responsible and the deficiency will be sought from and against you. You can expect to be collected on or even sued.
  • And of course your credit report is updated to reflect the account as a “repossession” which will make it hard to get another vehicle or loan, or even a job!

Fix Repossession Fallout Through Debt Settlement

Debt settlement is a good option for dealing with a repossession. It can save you hundreds or thousands of dollars off the deficiency balance. Plus, it is often faster than bankruptcy and doesn’t linger on your credit report as long. Contact an experienced debt settlement attorney if you qualify and get a free, no obligation review.

Voluntary Repossession
When you purchase any vehicle on credit, the lender retains important rights in the vehicle until you make the final payment. These rights are established by the contract you signed and by state law. Failure to make the first, second or even last payment on time carries serious consequences because your creditor has the right to “repossess” – take back – your car without going to court, or without warning you in advance. However, many states place limits on how the creditor may repossess the vehicle and they usually spell out how the lender must try sell the vehicle in order to reduce or eliminate your debt First and foremost: talk to a debt help lawyer immediately if you are going to be late or miss a payment! Once the vehicle is repossessed, it’s extremely difficult to get back and expensive. Generally you’ll have to pay all overdue payments and any penalties plus the cost of the repossession and any storage charges incurred as a result of the repo.

Voluntary Repossession
Giving the vehicle back to your lender voluntarily may reduce your creditor’s expenses in repossessing the automobile and it may reduce the amount you will owe the creditor. BUT, you will still be responsible for paying any deficiency on your loan, and the creditor may still report the repossession on your credit report.

Although the Federal Fair Debt Collection Practices Act (FDCPA) generally does not apply to creditors (your auto lender), many states have specific repossession laws (usually referenced in the credit contract) and/or state fair debt collection laws that do cover repossessions. Further, Truth In Lending Act violations can provide offsets or deductions and reduce the deficiency balance you owe.

When is my car payment in default?
Typically, missing a payment due date by even one day makes the account delinquent. However, always consult your credit contract for the exact details. Some creditors do allow grace periods but these are usually not true grace periods. However, if your creditor did agree to accept a late payment or to change your payment date, then the terms of your original contract may no longer apply. That’s why it’s important to get it in writing whenever you reach an agreement to modify your original contract.

Repossessing or Seizing the Vehicle
Your creditor, lender or lessor obtains important rights against you when you finance or lease a vehicle. These rights and duties are established by the contract you signed and your state’s laws. Generally, your creditor has legal authority to seize your car as soon as you default on your loan. Once you are in default your creditor may repossess your car at any hour of the day or night, without prior notice.

But even when being repossessed you maintain your consumer rights. For example, the creditor may not come onto your property or otherwise commit a “breach of the peace” during the repossession by using physical force or threats of force or breaking into locked buildings . If a “breach of the peace” occurs, your creditor may be required to pay a penalty or compensate you for any harm done to you or your property.

When this and other rules are violated you may be able to your vehicle back and/or the creditor may have to pay you money damages! Where exactly you are in the repossession process will dictate your possible rights and remedies.

Reselling the Vehicle
After repossessing your car, the creditor can keep the car as compensation for your debt or resell it in a public or private sale. In either case, you must be told what will happen to the car. If the creditor decides to keep the car, in most states you have the right to demand they sell the car instead. If the car is worth more than the amount owed on the loan, you’ll want to exercise this right.

If the car is sold at a public auction, you must be notified of the date in advance. If sold at a private sale, you will be notified of a date after which it will be sold. Any resale must be conducted in a “commercially reasonable manner.” For example, a resale price which is below fair market value may be unreasonable. If this occurs, you may have a claim against the creditor for damages, or a defense against a deficiency judgment. Lastly, you may also be entitled to buy back the vehicle by paying the full amount owed, plus any expenses incurred by the creditor. In addition, you may be able to reinstate your loan by paying the amount you are behind on the loan plus your creditor’s expenses.

What happens to personal property left in the vehicle?
Personal property does not apply to improvements made to the car, such as a CD Player, stereo or luggage rack. It only applies to items not connected to the vehicle. The creditor or whoever repossessed the car CANNOT keep or sell any personal property found inside. If the creditor or whoever repossessed the car cannot account for personal property left in the vehicle, you may be entitled to compensation and should consult with an attorney. Click here to contact a consumer protection attorney for a free consultation..

What is a Deficiency Judgment?
It’s the difference between what you owe on your loan and what your creditor receives from selling the vehicle. Creditors who follow the proper procedures for repossession and sale are generally allowed to sue you for a deficiency judgment to collect the loan balance. However, if a “breach of the peace,” was committed, the creditor may lose the right to collect a deficiency judgment. If you are sued, DO NOT miss the court hearing date because it may be your only opportunity to defend your position and to get the amount owed reduced or eliminated.

Electronic Disabling Devices
Some consumers may not be able to obtain financing unless they agree to having an electronic device installed that prevents the vehicle from starting if payments aren’t timely made. Depending on the loan contract and your state’s laws such devices may be considered equivalent to a repossession or a breach of the peace which could affect your rights. Such devices can also violate TILA when inadequately disclosed.

If you are dealing with any stage of a repossession experienced consumer protection attorneys may be able to provide you inexpensive or even no cost representation to help save your vehicle or get it back. Learn if a violation of your basic consumer rights has occurred and whether you are entitled to receive money damages! Get a free, no cost and no obligation consultation or call toll free 888-FDCPA-LAW (888-332-7252).

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  1. Creditor reported my vehicle on my credit report as a repossession. However. I am still in possession of the vehicle


    • I bought a vehicle in 2011 and fell behind on payments in 2014. I recieved numerous call several times a day , I was harrassed and degraded when trying to make payment arrangements. I still have vehicle and have had to deal with property damage as they tried to break in to repossess. I have documented some if the harassment best i could as i have been fighting health issues .I am now on disability and need help resolving this issue and want them to pay for property damage, harrassment, threatning letters.

      • That’s horrible. What state are you in? Please call us to provide more details, hopefully we can help–no cost if we can’t, and no cost if we can so please call 888 595 9111.

      • I have been really sick then the car stop working I got it fix with car payment I only have one income ssi they reposted the car for on payment and late fees which they knew I could t pay my payment until the first of the month new city funding is the the company

      • Give the car back they have demanded the collateral and your hindering a secured creditor. If they pursued in texas over 1500 Is a felony

  2. Car was repossessed… Paid loan up to date…. Car release was sent…. How long can they keep your car… Trying to pick ours up but the tow company is giving us the run around!!

    • You may have experienced some sort of Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation call us at 888-595-9111.

      • My name is Thomas I live in glendale az yes title repo my truck for 180 dollars told them on Wednesday I get paid they agreed when Monday was here I went to get in truck it was gone they never send me a letter into after it was gone they took my stuff in truck they said in two weeks they are saleing everything

    • This is napping to me to what do I do he won’t give me my car back

  3. I believe I may need additional help due to I am having to pay 14,000 girl a car they sold for 900 and I was never advised of when the car was being sold or fir how much please help 5055502665

  4. Hello…my car was repossesses as default due to the fact of a refferal program with Drive Time which apples $200 credit to you account for each referral….I gave the company two referrals and wait 3 months for them to acknowledge (granted the verbage states credits would be applied on your “next payment ” I continued to pay call in and go into the facility to inquire about referrals….my two referrals even made contact …so after three months I was finally told my referrals have been done …I made a payment of $88 as my note was $219 biweekly and $400 in credits for referrals ….or so I thought untill car was repossesses… I have never missed a payment and would have paid if I known the credits wasn’t applied per their corporate office..I am a good customer …I gave them business and no one is willing to do right by their promises… I have a GPS system in the car that ” per the dealership” would alert me with a beep or put a kill switch on the car..no letters email in thing to let me know there was a problem…this cannot be fair that I have gone above with this company n they lied and took my money ..Please is there any thing I can do !

  5. My daughter car was repoed for 336 not paid I called them for pay off since jan no call back it’s also on receipts that I wanted to no pay off the still not have contacted me repoed daughter car yesterday in wouldn’t key her have her purse or personal belongings in the car now saying that I iwe a lot more 350 for repo cost and late fees like I ssid I have been calling them since jan they keep saying they the will get back to me in havent

  6. My car was repossessed. I did not receive notice prior to the repossession and had been working with my credit union to get caught up. Luckily, the man who repossessed my vehicle allowed me to get my belongings out of it. While getting my belongings out of my car, I attempted to contact the man I had been working with. I was unable to get ahold of him and found out that at the time he was on the phone with the man repossessing my vehicle. I received a notice two days later telling me that I had 10 days to pay my loan in full or it would be sold. That was the last I heard regarding the repossession until today. The man who repossessed my vehicle contacted me and informed me that I had the right to any amount over my loan that the vehicle was sold for (minus repossession fees). He then stated that he had been in contact with the credit union and was told that they would not be giving me any money and they had never refunded any money in repossession cases. He continued to state that he believes I should obtain an attorney and would be happy to provide all information regarding his interaction and files with my case and the credit union. He also provided me the name of the action company that sold my vehicle. I contacted them and was told that the vehicle was in fact sold but I would need to contact the credit union for the amount it sold for. I have not received any information regarding the auction and was not given the opportunity to buy it back. Should I contact an attorney based on the laws that were not followed?

    • OMG it sounds like exactly what we want through. WOW !!

      • What finance company…. I’m having the same issues…. TD AUTO FINANCE! The worst! You can never get anyone on the phone.

        • Me too my car was repoed without any noticfication TD Auto finance. I say Class Action Law Suit. I am sure we are not the first.

          • My car was also just repoed with out any notification. I need a lawyer.

          • Yes they just repo my cer without any notice. I call in July to get a one month extension due to family situation they told me the extension was processed till i got my August bill and saw July showed past due I called and asked to speak with a supervisor due to RUDE rep. He apologized and said it was there fault they never completed the request due to that they would push of two months July and August. I was so happy. When my Sep bill came it it showed two months past due I called back again upset and was told that the account was placed off of hold and due to is being 90 day past due it was put up for repo. They came and took my car 5am without notice. Now i have to pay past due amount that they same would be pushed off and i have to pay 400 repo fee plus 350 stocking fee from the repo company. Now due to them not processing the paper work fast enough friday my car is there all weekend. And a new payment just cam due on the 10/22 /16 I dont have the funds to pay now i am afraid even though they sent the release for to the repo company now that i have a new payment past due 2 days they will make me pay that to

          • Same here…TD auto finance.. I’m up for a class action if you are.

          • We just had ours repoed as well. We received a letter 6 weeks ago informing us we needed to get caught up or else they COULD repossess. I made a 1200.00 payment to avoid the repo. I asked the rep when I made the pmt if that would take any possible repossessions off the table. She told me it would. Three weeks later my van just got repossessed- TD AUTO FINANCE!!! I am now trying to get my vehicle back- I have been in contact with their redemptions dept. Today I called with my police receipt, and everything else they required to see where I go get my vehicle from- They refused to give me the information and said I am still not able to get the vehicle back until everything clears their system… How long is that? So now that Ive paid all my fees, and jumped through their hoops- they can put me off?? They also told me there is a max in CA of 250 flat for fees- Does anyone know know if this is true? I don’t trust this anymore… sounds like these guys are

          • They have a duty to act reasonably but its hard to say “how long” w/o some additional facts. Was there a breach of the peace during the repo? How long have you owned the car? Do you make payments electronically? We sent you an email, please respond.

    • That just happened to me today but I have a different loan office mine is Exeter. Happy New Year right!

  7. From the research I have done the last couple days I would say yes. I started by googling “car repossession in the state of _____” look for the government websites, although others, like this one, have also proved helpful. Check your state Attorney General site, too. Good luck!

  8. My husband and I defaulted on our truck title loan. We spoke with a representative from the title loan company who informed us to send $300.00 by money order via priority mail with a tracking number. We also had to call them and give them the tracking number. The payment of $300 was what would bring our loan up to date. Our payments are $150 per month. The payment was mailed priority on October 10, 2015. The payment was received on October 13, 2015. That is according to the tracking number information. Tonight, October 15, 2015, the truck was repossessed. According to the repossession slip, the order for repossession was issued on October 5, 2015. The title loan company never cancelled the order after receiving the payment. Are we responsible for paying for the repossession? (Fees, towing, storage). I feel that this is not fair.

  9. My boyfriend purchased me a car and we were 2 weeks behind on a payment. When I woke up on Saturday morning the car was gone. I had to wait the weekend in order to find out what I could do to get my car back. I tried calling the dealership to see what I can do to get my car back but they would not tell me any information since the car was in my boyfriends name. My boyfriend is a truck driver and delivers all around the United States. At this time he was in Idaho and was unable to pick the car up. SO he called the dealership and asked them if I could pick the car up and they said no that he had to do it. But he kept telling them that he would not be back in town for another 2 weeks but they still kept insisting that he has to be the one. So finally the person we were dealing with said that she would talk to her supervisor and get back to us the following day. What I am asking is does the dealership have the right to refuse to release the car to a person who is not on the loan? Even if the person who the car is registered to gave them permission?

  10. i was sued for amount owed on a car loan. they won the judgement. I still have my vehicle it was never repoed. Now that they have a judgement for a dollar amount can they still also repo my car? if i begin making payments on the judgement amount can it still be repoed?

    • I had a 1999 Daewoo, paid 4 years on it, I called them to see if I could bring it somewhere because I lost my job and could not pay on it anymore, the women on the phone straight out told me they did not want the car back. Well 13 years later they took a credit with the IRS for $4200. I didn’t owe that much on it and I called them to ask them for the title and was told I had to pay $6000 to get the titled. I believe I should call the IRS
      And let them know they are doing.

  11. My vehicle was repossessed after being only 7 days late on my payment. I made contact with the representative explained my situation to choose to pay for my hotel for me and my 3 kids for the week or love in my car and pay the car note, I chose the hotel gave them the location still at the same job. This company has been very rude and disrespectful they don’t listen talk over you demand payment called my job as if I hadn’t just spoke with them and if you talk to them like they talk to you they’ll just hang up. I was not aware that this thugged out finance company was so cruel because I couldn’t provide her with documentation or allow them totalk to me any kind of way she asays I wasn’t following her rules and took my car I told her I was paying that night I work 8-9pm she never said what time so I assumed I can go online and pay before midnight well by 7 they stopped taking payments from me when I got off when in the hotel came back out 20 minutes layer my vehicle was gone. These people are thuggs I can’t believe the BBB attorney general allow these collection practices and I’ve been in collection for years dealing with taxes please have an attorney call me 317-919-2607

  12. My car was repo’d after only 10 days past due. First time being repo’d and they demanded the full balance due on the car. I thought I had one chance to pay the past due and repo fees to get it back before they demand the full amount. Is that true?

  13. my vehicle was repossessed at a mall which mall security told me that they do not allow repossessions on premises what can I do to get the towing company to actually take off the charges. I had already spoke with my lender paid the past due and now it’s time to get my vehicle back from the towing company what should I do?

  14. I had a repo person sow up at my mothers house.. This was a pervious address from 4 years ago. I contacted my bank. I was told to pay $1100 this included pay off and repo fees. 2 months later a man showed up and said he had a repo order for my car. Can my lender order another repo if they accepted my payment. I called and they refuse to give me any information on how my payments have been posted throughout this process. If they accepted my payment and cancelled the repo how can they start another repo? I thought this was illegal.

  15. I purchased a vehicle from a dealership in April 2015. My 1st payment was due in June 2015. I lost my job in may 18th 2015 and on may 20th 2015 the lender came and took my car. They took my car before the 1st payment was even due. Someone explain to me how this is possible.
    480 862 2427

  16. I have a 2002 Audi s8 it is financed car loan company I owe $3,719 on it the car engine blew up on me the other day it is going to cost more than I owe on the car to get repaired what should I do can I do a voluntary repo with this?

  17. So I got home this morning and went to bed but when I got up I noticed my car was not where I left it. There was no paper work or anything saying what happened to it and there are skid marks in the driveway what can I do? I do owe money on it tho.

  18. My car was repo 2 days after I paid 1475 that’s was owe to them to get my car back I need to pay them 631 bucks this is not right

  19. I had my car repossessed there was damage done to the under carriage. No notification. There were pieces of the car in driveway. Would like to know who is liable the lender or repo company. I called both cashstore said i had 15 days or the car would be sold.Both said they weren,t liable. Thank you.

  20. my nephew had paid off all but $1000 on his car. he went to jail for an old ticket . His car was repossessed and all belongings in car were not returned. the dealer also sold car without notification.

  21. My car was repossessed yesterday – I called the lender today to figure out how much will I need to May to get my car back. They informed me that I’ll have to pay the entire loan amount which is 30K knowing that late payments plus fees are about $2500. I even offered to pay in in 2 days once I cash my 401K for that and they told me that they will not allow me to only pay the late past due balance but entire amount of loan. Can they do that ?

  22. My truck was reposted while I was on the phone with financial company. I never got a notice of the 10 days to redeem or where it was at to get my items out. What can I do. I found out they sold it at a auction and I owed me 13 k by looking at my credit report. 2 months later I got in the mail the amount I owe them. During the 10 day period I called and asked where the truck was so I could get my stuff..no one could tell me.

  23. If a motorcycle was up for repossession back in 2003 and to date they have never picked it up and the finance company has since folded and the owner passed away can I still sell the bike?

  24. Can a bank reposess your vehicle if you defaulted on a credit card with them?? Our truck payment is current but the loan is with the same bank.

  25. My daughter has been late in her car payments but they Never repo her car and I was review her statement and notice they are charging her $275.00 for repo in February and now in March is that legal?

  26. we had a car reposted in 2008. we did not try to get it back because it was broke down all the time. they received judgement. we have paid 50.00 every month up until my husband got sick and was diagnosed with pancreatic cancer. they put a lion in my property. then they garnished my bank accounts recently and got roughly 5000.00 dollars which was from a cancer policy my husband had. according to them I have paid 9300.00 and they sold the vehicle for 3500.00 and I still owe 27000.00 and they are charging me 18% interest . is that legal. I’ll never get it paid it off.

  27. My motorcycle was repossessed at the tow yard for not having a valid license. Not one missed payment. Please help any help is better then no help.

  28. Can the bank make you pay for the tow companies time and travel when they did NOT repossess the car?

  29. If u received a letter that the car was being auctioned with time and place and then another letter with how much car was sold for but I saw the car in their website, is that legal?

  30. If my car was repossessed can the lender make me pay a payment that’s not even due for three weeks yet. The amount I need to get the car back includes a payment that wasn’t even due for 3 weeks

  31. I’m going to go repossess my own car tomorrow from the impound because they impounded it. Driving on suspended license so I called my dealer and told them the situation and they told me to go and pick up the repossession papers cuss basically my cares going to get repoed but I’m the one doing it 🙂 lol dumb tow people try to take my car.

  32. Bought my car in late Nov last year through an Used Car Company. Around the time I bought that car I had just paid off my previous car through them. I only received one billing statement after that I contacted the company when I did not receive another billing statement. At which point I was told that my vehicle was not in their system even after talking to an associate, co-manager and manager. I contacted them every two-four weeks to try and make a payment only to be told again and again that: “my car was not in the system, that they would look into it and call me back with the info” so I could actually make a payment. Fast Forward to Mid-June this year with still zero luck, I called the company and the woman on the other end said she would call me back but never did(by time I got off work the office was closed. A week later, while at work (work for inhome assistance) there was a knock on the door of my client’s door and a man asked me if I was the owner of the vehicle in question. When I replied Yes he said he was here to take my car. Stuck at work then I contacted the company to find out that my vehicle had been repossessed due to non-payment. Was told that I would need to pay half of what was owed($2,886) as well as the towing, impound, storage and any damage costs within 15 days to get my car back.
    I do not know what to do now. There is no way I can afford to pay all of what they are asking me. Is there any legal actions I can take?

  33. if I had an agreement to pay a late car payment on a certain date…is the finance company allowed to reposess the car BEFORE the close of business on the agreed date to make the payment?

    I had this happen to me- I had a verbal agreement via the phone with a person in the collections department and they repo’d the car the same day the payment was made- coincidentally I was making the payment as the car was getting towed….around 1pm if I recall correctly.

    I haven’t had the car since Sept of 2015 and it still shows on my credit even though they have obviously already sold the car. After reporting them to the BBB (completely useless) I have YET to receive any documentation regarding the resale of the vehicle and if I am on the hook for a balance. I have filed a dispute with Equifax and I am wondering…was the repossession done illegally to begin with?

  34. I am looking for a sample 10 day reinstatement letter for a vehicle that i sold to a girl that has not paid and has blown the motor in the car. I have to send this before I can take her to court. let me know if anyone has something. Thanks

  35. I received my certified repossession letter from financed company a month and a half after I paid and retrieved my car.. I always thought it was unfair, because I never received any letters prior to the repossession of my car.. Please help me figure out this injustice .

  36. My car engine blow warranty won’t cover it. And I have no money to buy a new engine. I probably will going to call them and let them repossessed it. What will happen and how’s the process going to work?

  37. My car was just repossessed yesterday.. the payments ARE CURRENT! The bank did not contact me in writing or phone call to even let me know what the problem is. We have complete coverage on the vehicle and all drivers are legally licensed. What do I do now and can I sue them?

  38. I had a situation in which I went several months without paying secondary losing my job and relocating to reemploy myself. I payed all past due payments to bring my account current once I got back on my feet, however the finance company passed on charges to me for their skip tracing and legal fees even though my vehicle was never repossessed.

    I have kept my account current since then, but the supervisor of the finance company becomes irate when I inquire about these charges.

    I have another vehicle financed through a different finance company. I have been paying extra on this account (almost double my regular payment) and just noticed that this finance company has credited my extra payment towards “interest” instead of principal. When I inquired, they simply state that is procedure.

    Can you please advise me on these two scenarios? Thanks in advance.

  39. I was told that if a repo’d car sold for less than $1000, the lender would have to write the rest of the balance off. Thus relieving the purchaser of any further financial liability. Is this true? I have been garnished for 3 years now, and just found out that my car was sold for $310.

    If the above statement is true and I was not liable for the deficiency balance, can I recoup what I’ve already paid?

  40. In Virginia can they make me sell my paid off house because of a 9000 dollar car being repossed?

  41. Hello, I bought a car from a used car dealer. My car was repossessed yesterday. How long does the car dealer has to resale my car? Can they just put it back in the market as if it was not repossessed? I am in Arizona.

  42. My car was repossessed and the bank stated I had to payoff loan in full plus late fees and repo fees to get my car back. My mother gave me the money to pay off loan plus $350 repo fee. Then the repo guy charged my $695 to get my car back. The bank said I only had to pay the repo guy $35 per day for storage fees. The repo guy said I had to pay $350 repo fee, which the bank charged me and $35 per day for storage, nothing added up. Can repo charge these fees? Do they have to give me an itemized receipt??

  43. My daughter car was report and she was sued for the balance of the car after resale. Now they are sueing her for the interest after the fact. She received no letters her job told her
    Can this be legal?

  44. Got my truck repoed yesterday but I been trying to get the payment back on track and now there telling me I’m 564 past due and returned fees and everything. They failed to tell me what’s going on that now there giving me the run around. And there saying at anytime the can auction the truck and I been trying to see if I can get the truck back wells fargo dealer service r the worse loan ppl to deal with

  45. I did a voluntary repossession on my vehicle last year and I ended up owing them money for the difference. it was showing as charge off on my credit report and not repossession. Also, every month they will report me to the credit bureau as delinquent account. Is that even legal? Is it supposedly be “repossession” ? Please advise what should I do to correct this if this is an error.

  46. If a car was meant to be repossed but it was never actually taken away and was eventually charged to credit and it’s been several years since can a lost title be filed to get it back?

  47. My car was repoed and I received the letter that they will sale it. They never sent me the finalized amount or that it was sold. They didn’t decrease the balance at all. Instead they are steady adding fees and saying that I am missing payments and am late with payments on my credit but yet I don’t have their car. What should I do? They are trying to rip me off. I am getting sick of them.

  48. My car was just repoed tonight after I went to the dealer and asked him if I could trade the car in for cheaper car because the amount I owed kept going up even with me making payments that before I bought the car I told them I didnt want payments I wanted just buy it .I payed over 6000up front and the I’m told I still owe 800 and now the report man says I owe1600 but the man years-old me the car told me to wait o. Training it’ in and gave me a grace period till this month I’m on disabilitie and they messed up on getting my funds to me on the fiesta this month and wrote a letter stating this I’m in Washington st what can I do

  49. i had bought 2 vehicles from a rhode island dealer and then we choice to move to Oklahoma city and they allowed me to take the 2 vehicles cause my payments we on time, and now the truck is acting up and falling apart and i have ask many of times to find out the buy out price but they say the system is down, but they can take my payments, but now 3 yrs later we are almost paid off on one acct and the 2 one was behind 2 months, so now the repo guy comes out to the house, and now remind you i am with my daughter and its 8 o clock at night in oklahoma city and the repo guy wanted the truck i told him it was out of town due to my husband was working and it would be back on monday and ask for his card and told him i would drop it off or call when the truck is back but he was not hearing that, he tells me if he does not get the truck that he would report it and have it report stolen and have a warrent out for my arrest, and then a 2 truck comes and now i have 2 people in the front of my house, one is the tow truck and the 2 is a truck and now this guy is with a flash light looking in my windows and yard, and i said the truck is not here it will be back on monday and i will bering the truck to you, now my daughter afraid to leave my site, and i was in loading boxes for a bride due to my having my own online wedding store and wedding planning and it was a little kinda mad cause all of this was happing in front of my customer who orders from me every month and they follow me to 711 and then i had to go to Mc donald and they follow me there , and now another guy in a truck say if they did not get the truck today the locals would get involved, i have never been so intated about a repo truck, they did not have to follow me to the store and then me in front of my daughter, i was honest with them that the truck was not here, and i told them i would drop it off on monday once my huband got home, but they did not care, they said either i get the truck tonight or i will put a warrent out for your arrest and report the truck stolen, and cause i am woman with a little girl they scared the shit out of us, and my 90 yr old grandmother was home, flashing lights on the house banging on the door ban ging on the garage door, yelling and ect outside of my house, it got to the point i had to call the oklahoma city police and they had them leave but the cops said i can make them leave now but they will be back, cause they want the truck, but i told the cops it will be back monday he said to call the repo co boss and talk to them and see if you can reason with them, and i have 2 vehicle and they said they would take that one if i did not give them the truck, and my husband had no service so eventally he went into a area where u had gotten service and call the repo driver ans told them to leave, and if u want the truck that bad use the gps locator and find it stop harass my wife and threnthen her and my daughter, cause she a woman with a child u got her scareed shit, so i wanted to know if they can take the 2 car that is up to date on payments but the truck was not but i got no letters no call no anything i had called them and they was okay with late payments cause i was making some kind of payments but i wanted to know can they take my 2 vehile from me that is up to date on the payments, and they took the vehile from my driverway the truck, and i read in oklahoma city is not allowed, what can i do to find out, and what can i do to have this co stop by pushing customers and threnthing them the way i did, cause my grandmother was no scared cause they was scream and banging on windows and doors aqnd garage doors, they acted like the truck was a million dollar truck, when the 4 wheel drive does not work, the cadiallc convertor is going out, and ect.

  50. My wife has 2 loans, 1 personal unsecured and the other is a vehicle loan both with the same bank. The unsecured personal loan is over due the vehicle loan is not. The has stated they will reposses the vehicle if the unsecured personal loan is not caught up can they do this.

  51. I leased a Misunishibin 2013. My payments serve too high. For me to keep up with. Suddenly , before my lease agreement was up, I kept getting phone calls from Mitsubishi, asking me if I would like to lease a 2015 Misunishi, and turn in the 2013 , early? I told them that I am looking to lower my payments each month, so the offer to put me in a 2015 Mitsubishi would cost me more than what I am paying for the 2013, Mitsubishi, each month. They told me to come one in, we will find you something to get your payments lowered. I go in on Apr 10th 2015,, and this is the deal they iffered to me….”This is what we can do for you” We can put you in a 2015, your payments will go higher each month, but you only have to keep the car for 8 months, and then you can return it. Once you return it in Feb 2016, you can look around here for a car with a lower payment! At this time, they had cars , but couldn’t provide me with a car that would have lowered my payments substantially lower! So, this was a verbal agreement , that I take the car back in Feb 2016, and take it from there. I went back in Feb 2016, and the girl who gave me the lease, no longer worked there, and the manager who actually made this deal , wasn’t in that day! I was told by another manager, that It was too soon to bring in my car and that I signed a 6 year Lease! I had no idea what I was signing that might cause it was near closing time, it was all rushed, and Again, it was explained that I don’t have to lease this 2015 for years! All I have to do is come back in with the 3015, and return it in Feb 2016! I guess they did this deal with me, cause they got me in there to return the 2013 car, which was a 3 yr car lease, and when I went there that night in April 2015, they figured to our me in the. 2015, with higher payments, but for only 8 months. Then the 3 year lease would have been completed. I understood the logic, but when I went to return or, the managers there all just kept saying, You have a 6 yr lease and you are gonna have to come back and aeebthebperson you dealt with’. Well, this place is far from where I live and so I kept the 2015, but by the time the summer was over, I was falling behind on my payments. Next thing I knew, they repossessed or! I got a letter that said they sold it for 15,300, which is eidicously low. I didn’t even put 2,000 miles on either one of this cars! Now they are saying I owe them 12,000.00 for a car I don’t have and I got screwed with that Verbal Aggreent building! I need help! My credit score went all the way down, and I cannot pay them 12,000.00?!? I am loving from check to check! Please help me! What can I do? I am from Philadelphia PA, and my name is Gina CIMINO

  52. Can your lender charge repossession fee’s if your car was out for repo but never repossed

  53. My car was repossesed.My credit report shows that the account is closed.but the bank still sends me notifications that there was a shortfall when they sold the car so i owe them.Do i need to pay them if it shows 0 balance on credit report

  54. Hello I was not notified as to when the time, date or place the vehicle was going to be auctioned at. If I was given that information I would have attended.

  55. My car was repossessed. I did not receive notice prior to the repossession and I was going to make a payment 3 days after my car was repossessed, I week before my car was repossessed I called the credit union and told them I was planning to file a chapter 13, he said if my car was included the credit union will have to reduce the interest rate. He did not say my car could be respossessed. They sold the card and there was a balance of 16,000. I did not receive notification afterwards that they were suing me. I did not receive notice to appear in court. My credit report has the repossession on it and it said closed account. I filed a chapter 13 and was approved. I am still making payments. I did not include the car in my BK.

    Can the credit union sue me after my chapter 13 is discharge?

  56. I had a tractor trailer. The bank didn’t file the paperwork for the title. I wasn’t able to work for two months while they farted around getting it. I still had to pay the expenses on the truck, even though I could not work. Once they did get it, I was so far in the hole there was no catching up. They ended up repoing the truck. The refused to pay for the time they cost me. They insist I owe them and are screwing my credit. Nothing I do is getting me anywhere with this. What do I have to do to get this off of me? I’m not paying for them wiping me out and destroying my life.

    • They might be in the right. But there are ways to work around a repo. For example, debt settlement may be able to help you shave some other debts down and could give you the breathing room to negotiate a deal with the finance company. Likewise, they may not be reporting the tractor debt correctly, and you can dispute that along with other incorrectly reported debts and get damages if they don’t correct. There are a lot of ways to skin the cat so give the office a call, talk to a lawyer about your whole financial situation–loans, collection calls and letters, your credit report, how you pay bills, etc.–the consult is free.

  57. My car was repossessed, I called the finance company and they are telling me that I need to pay off the full amount owed on the car. I don’t have $20k. Can they do that? I offered to pay up the 2 months owed on it but they wont take a payment unless its the full amount. What should I do or what can I do?

    • That might be true, depending on the contract, and you might need to start making a plan for life w/o that car. In all likelihood your only solution might be “borrowing from Peter to pay Paul”–which in this situation means Debt Settlement–and you should call the office for a free consultation.

  58. I’m 6 months behind on payments but still ha e my motorcycle . Any way I can keep my bike and get back in payments?

    • Up to your lender. Have you asked? Can you call us to discuss what’s caused you to fall behind? No cost or obligation, 888 595 9111. Or just respond to the email.

  59. I’ve fallen behind on my car payments, I’ve talked to my creditor & made a payment so they said they would put the repossession order on hold if I follow up with another payment. Is tbat possible to put the order on hold?

  60. I have been fighting with a bank for 6 years about a deficiency balance that was incorrect. They refused to correct it. Now we are going through court proceedings and only through mediation did they admit to an accounting error. What remedies do I have under NY and federal law.

  61. Hi I’m financing a car and can’t afford the insurance I called the car place and the women told me that I’ll never get a loan ever again in life and that they’ll take money out of my paycheck to pay the car off is this true I’m 19 and have a baby and already struggling as it is.

    • You must have at least minimum insurance under the laws of most states, but no, your credit life isn’t over at 19–its barely begun. We sent you an email asking for more info, please respond or call.

  62. I know a repo guy and he says that he is required by South Carolina law to search every vehicle he repossess because He is responsible for everything in the vehicle. He is always bringing stuff home that he ” found” in these vehicles. I call that theft! The last thing he brought home was a pistol. He called a friend who came right over and bought the gun. It’s any of this legal?

  63. I turned my car over due to being layed off and not being able to make payments. I was never again contacted about a sale or auction date of the car. I just received a letter in the mail stating they sold the car that is worth $15000 for 7500 and i now ow 18,900. Is this legal to not even be notified of the sale until it was over and then to see that it was so low?

    • We’d like to see that letter, please respond to our email or call. Sounds like we need to work on your credit too, when was the last time you pulled your report?

  64. Are they allowed to ask for payment to retrieve personal property? They made me pay $50 to get all my personal property out the car otherwise they said they were going to throw them away. Is that legal?

  65. I need help, in WV my mom had a financed car repossessed – was late on 2 payments. They told us we had to pay the full loan amount $6000 to get it back plus towing fees.
    Well, months later they just out of the blue sent a letter saying they ALREADY sold this 2008 Volkswagen bug for $350 at an AUCTION that we were not told about, with no proof of this, and that she owes $6894!!!!!
    NO proof of any of this was enclosed, and isn’t that an UNFAIR commercially reasonable rate??
    I say they messed up! They did not tell her about it being at any auction, then sold it for $300? a 2008 bug?

  66. can they charge you a fee to get back your personal items from reposed truck

  67. I’ve missed payments for 3 months and they have repeatedly called me at least 8 times saying if we don’t pay they will come get it well it’s been sitting in my yard for 3 months and they still haven’t came to get it. Shouldn’t they come get it within a certain time or are they waiting to come get it to make my amount due larger?

    • They have the right, not obligation. Are they robodialing you? You might have TCPA rights–$500 to $1,500 per call, plus state law rights depending on where you live. We sent you an email for more info, please reply or call.

  68. I have had a high end. Ar with cactuS jack for 3 1/2 yrs i have 40k into it with 10k left, i have not made a payment for 3 months, i still have vehicle and i got a default notice 3 weeka ago saying i had 30 fa6s ti surrender the car. My payments are 500 a month and i called las t week multiple times and sent emails aboyt pating 500 and 1000 today with no amswer then called today to pay the 1500 in full and noone was avail but a guy from the repo depot as he claimed said could not take payment and must pat off 10k balamce, he said it was in the default letter which it was not, what do i do, i wamt to keep vehicle and i am willing to pay all.past due and still have it

  69. I have a repossession on my credit record for $13,000 and rising. What are owed was $11,000. They auction the car off for around $8000. They never tell me that they auction the car off and it was sold. now are they allowed to keep charging me fees even though the car has been sold?

    • Short answer yes they are likely allowed, but that doesn’t mean they are charging what they are allowed or that they didn’t violate your FDCPA or other consumer rights along the way. We sent you an email for a free review, please reply or call.

  70. Loan company called me about a motorcycle loan claiming that I had it in a storage unit that was behind on payments and about to be auctioned. Repo company called me and told me that it was in police impound for a period of time, which violated my agreement with the lender, and asked me to setup a time that same day for them to come take the motorcycle.

    My motorcycle was never impounded, nor stored in a storage unit…ever! May payments were all paid before the due dates, and more than the minimum amount, and my account was fully current. I promptly went online and paid off the balance since someone somewhere messed something up. I called several people in the finance company who assured me that everything was okay, and that my vehicle’s VIN got confused with another account, but has been cleared up.

    Two days later, I am still getting calls from the finance company from another person who did not know that A) the account was paid in full, and B) that I had talked to 3 other people at the finance company 2 days prior, and was told it was a mistake on their end and not to worry about it.

    Three days in, repo agent calls and wants the vehicle. Demands that I turn it over to him, and that “I can work it out with my finance company”. The vehicle is paid in full, and has a zero balance and has no other liens on it.

    This is really frustrating and I did nothing wrong, and am not turning the vehicle over to anyone. I have contacted the finance company and asked for them to rush me my title, but they said that the process takes about 45 days. The finance company says there is no reason that anyone should be calling me, and the recovery company is demanding that I turn over the vehicle.

    I am concerned that this will damage my credit, but so far no reports have been made to any of the 3 credit bureaus.

  71. I co-signed on a used vehicle roughly 3 months ago. I do not have the original contract. I was sent a text that just stated “2011 VW Passat has been reported stolen.” I asked who it was he stated he was the General Sales Manager for the dealership. I told him the car was 3 states away and I did not possess it. He informed me if I just bring the car back it will not go on my credit. Apparently no payments have ever been made on the car. My question is.
    1. Does it matter if I bring the car back or if I leave it for them to come and get?
    2. Can a vehicle be reported stolen if they know who is in possession and where it is located?
    3. How can I find information on who it was financed from and if the loan never went through or not?

    • Thank you for your inquiry to our firm. Unfortunately, we are unable to meaningfully respond because the information you have provided is insufficient for us to form any legal opinion and/or because your query does not describe any legal violations.

      Having said that, there are an abundance of consumer protection laws that can provide you no cost consumer legal help, and we wonder we’d be able to recover you compensation for violations of your basic consumer rights (which often occurs without you even knowing it) that could help you with your current problem.

      Please review our Guide To Understanding Basic Consumer Rights explaining some of these laws which may entitle you to compensation. These laws often apply regardless of whether you have suffered any harm. If an entity does not comply with federal and state consumer protection laws, you may be entitled to recover compensation. These amounts commonly range from $100.00 to $2,000.00 dollars or more, depending on the particular statute. In addition, the other side may be required to pay your attorney’s fees, which could allow us to protect your rights at no cost to you.

      Our firm offers free case reviews at no cost to you to help protect your consumer rights anytime you:
      • Receive contact from a creditor or debt collector to collect a debt;
      • Receive unwanted computerized robocalls or texts to your cell phone (even after you’ve told them to stop);
      • Notice inaccurate information on your credit report (even after you disputed with the credit bureaus);
      • Obtain a loan, lease, or purchase an item on credit;
      • Enter into an autopay arrangement with a creditor (i.e., gym membership, car loan, etc.);
      • Purchase a lemon vehicle or other consumer product;
      • Need help settling debts for less than the full balance; or,
      • Have any other consumer issue you would like us to look into at no cost to you.

      We constantly review documents related to all these situations to determine if consumer rights have been violated under applicable consumer laws. Evidence such as collection letters, loan/lease agreements, documents which authorize automatic payments, credit reports, dispute letters, voicemail messages, and/or any other files related to consumer situations are all very ripe for violations of consumer laws that provide these “statutory damages” to consumers. Simply email us a short description of your issue and any related documents such as collection letters, loan/lease agreements, documents which authorize automatic payments, credit reports, dispute letters, voicemail messages, and/or any other relevant documents

  72. My 2011 Kia Soul was repossessed this past Thursday morning just after I walked in from work, changed clothes and laid down as I work night shift as a nurse. I had it paid down to ONLY owing $1800 to pay it off completely. I had called several times explaining how my previous bank had a third party vendor who, after I was advised by my mortgage company to do a stop payment took it upon themselves wnd take the monies out of their ” corporate funds ” and pay the bill instead of checking with the bank as to why the monies were not available as it was a Same day Payment. 2 weeks later I get a strange bill in the mail telling me that I owe this “FISERVE” company $500 and hat they also suspended my online bill paying features!
    This happened after I had my manager threaten my job for abscesses that were to be file under INTERMITTENT FMLA for my TMJ but my dentist nor any of his referred to practitioners would sign the paperwork or even just fill it out completely. My job we threatened as Alabama is an “at will” state which means they can pretty much fire you for anything. And, they refused to pay me for a day that I called in under my INTERMITTENT FMLA because I called in after 4 pm although the policy clearly states call in’s should be 2 hours prior to the beginning of your shift which my shift is 7pm-7 am. So I went almost 10 weeks without being paid a whole 12 hours on my check which also threw me behind.!
    So my waterfall effect kept pulling me under while I’m fighting to stay above water.
    Which leads up to this past Thursday, ,my car being repossessed. I normally lock my double gate and keep it locked at all times for Several reasons but after the intensly busy night I shut the gate and only made it look as though the chain was locked into the lock mechanicanism. I told the guys who already had my back axel and rear end of my car jacked up to hold on and let me call the bank about the matter. They waited and I started gathering my personal belongings out the best I could . I got w couple of cards from the giant guy who must have been close to 7 ft tall as he had to bend his head to the side to go in and out of my door.
    My parents were out of town, my niece had my dads vehicle and I had no other option but to call in to work and tell them what happened because in my area of the county there aren’t any buses or ubers. Once I collected my thoughts I realized that I could borrow against my annuity so I made the call and asked s few questions and went to bed. This past Tuesday in the afternoon I called and told State Farm Bank that I had made arrangements for the fund and they would be available Wednesday but no later than Friday and if they could please hold off on sending my car to anther facility so I would not have to track it down once I paid off the entire loan in full. PLUS the additional $165 repo fee and $25 aperture day storage fee.
    Well, yesterday I was doing laundry and my mother called and offered to go in and pay half of the $2800.17 that was given to me as the PAYOFF AMOUNT for the loan. We rushed to town , got my monies from my bank and she cashed her check and went to the closest facility to send the Westwrn Union QUICK PAY to the bank as I had been instructed and I had written down precisely. 5 minutes later I called and verified with Stste Farm Bank that the monies were received and they were. They then advised that I call the repo company who hired the local repo company as they should be notified to release my car back into my possession as completed. Then everything ended up going to hell in a handbasket because when I contacted this company ( which by the way I was given 3 different phone numbers as well as 3 completely different names for) proceeded to inform me that my car was sent that very morning to the auction in Pensacola Florida .. Note that I and my car reside in Alabama . I was beyond livid and spent pretty much an hour plus between calling State Farm Bank, and the two repo companies telling them that this was not supposed to happen as now I would have to find a way to get an hour away to Pensacola to get my cat and back. There we’re unite a few explicits overheard during these conversations.
    After getting home and attempting to relax I contacted my attorney’s office and then called the number I was given to the auction in Pensacola . I explained the situation to the lady on the other end of the phone and she asked me ” why didn’t they just send your car tomorrow if they knew ahead of time?” To which I replied ” I was wondering the very same Thing” The lady took my number and said she would call me back in a few minutes and she did, only to raise my stress level back to its highest. Point again when she tells me that my car was NOT AT THEIR LOT AS OF THIS TIME ( 5pm) and that yes, they had the key I gave them but my car would not crank.. I DO KNOW GOOD AND WELL THAT MY CAR WAS HAVING NO ISSUES OF ANY WAY, SHAPE,OR FORM FOR SOME TIME NOW. I have in the past 6 months bought 4 brand new tires, a brand new battery and had just the day before they repo’ed it filled up the gas tank… I so wanted to find a way over to the auction yard last night to be there when everyone there started coming in to work but that didn’t happen but I am about to meet up with one of my coworkers who is taking me over there and all I can say is ” GOD HELP THEM IF ANYTHING IS MISSING, REMOVED, SWITCHED OUT or. Otherwise wrong with my car because there will be calls made and head will roll !!!! Oh wnd let me not forget,, this little trip around the block wherever my car went on their truck while I am hoping it is still local is costing me an ADDITIONAL $202.00 for their screw up as the buck was passed back and forth as to who made the call to send my now paid in full car to auction…. NOTE ALSO; when I called State Farm Bank and requested from both the guy who answered AND his supervisor to eemail me a copy of where they received my WESTERN UNION TRANSFER OF $2800.17 showing w ZERO balance, I was informed that they could not do this that it had to be mailed and I would get it in 7-10 days… YEAH!!! I did tell them that I as nice enough to decline their little survey about their company and I almost bit my tongue in half when they asked if there was anything else they could help me with and even told me “Thanks for calling State Farm Bank and to have w nice day”

    We shall see how this day goes when u get to theAuction place…

  73. We had a vehicle repossessed. We paid the amount they were asking for (Money gram) it was 36 days past due. Now they are not wanting to release the vehicle back to us. Is this legal. Can they do that.

  74. Had a vehicle, which was broke down in Louisiana. Payments were made on time. However, when it broke down, I became disgusted with it, and left it at the repair shop. It started accumulation of repair charges. After a year, the bank repossessed it due to claiming that it had been abandoned. Can they do that, and what is my defense.

  75. We had a voluntary repossession of a 2017 vehicle in October 2017. The creditor sold the vehicle and charged off the difference. They are now reporting missed payments further damaging our credit. Can they do this and is there anything I can do other than pay them as illness forced me to retire creating the repossession.

  76. My car was repossessed right before my last car payment. Obviously I wasn’t going to let the car go because I paid for it for five years and was almost done. So I paid the car off, all the repossession and storage fees and got it back. My credit report shows a repossession but also a balance that I do not owe. I’ve contacted them and they say I don’t owe anything because I paid in full , so what’s happening and how long does it stay on my credit?

  77. I’m behind 32 days. 17.50 for Feb and 97.00 for March. Which the payment is due on the 4th. My car is on the repo list. I took 80 dollars in on March 6. They took the payment. Told the I would be in at end of week for remainder of back payment. I was informed that the only way to get my car off repo list is to pay 190. Which includes late payment, interest and a 75 fee to have my taken off repo list. The company took my 80 dollar payment after my car was already on repo list. Is that legal to accept any payment in ga after a car is out for repo?

  78. Ive had at least 9 calls today from people and places ive never heard of. Can these people constantly call and call? I answer and it hangs up or starts ringing. Like wtf?!

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