If you don’t hold up your end of the bargain, your lender can repossess your car and then sell it at an auction. They can take back your car whether you’re at home, at work, or just about anywhere else you might travel to. In some states, lenders aren’t even required to give you notice of their intent to repo your car.
What does repossess the vehicle mean?
Repossession is when an auto lender takes possession of your vehicle, sometimes without warning you in advance or having permission from the court. Vehicle repossession laws vary by state; your vehicle purchase contract should include details about how and when your auto lender can repossess your vehicle.
What happens if a car is repossessed for failure to make payments?
If your car has been repossessed for failure to make payments, the sale price of your car at auction may not cover the balance that you owe to the lender. If not, your lender can ask that a court enter a monetary judgment against you for the remaining balance on your loan, called a deficiency judgment.
Can a creditor use physical force to repossess a car?
That is, the creditor can’t use or threaten to use physical force against you to repossess the property. If the creditor or its agent breaches the peace during a repossession, like by pushing you aside and breaking into your locked garage to repossess your vehicle, you can file a lawsuit against that creditor.
How to pay a deficiency judgment after a repossession?
Negotiate a Payment Plan to Pay the Deficiency Even after a deficiency judgment is entered, your lender still may work out an agreeable payment plan with you. You can try to negotiate a payment by calling the lender or the lender’s attorney. Almost every lender’s attorney will take your call, and at least listen to payment offers that you make.
How can a judgment creditor seize personal property?
Seize and sell your personal property: To seize and sell your personal property, the judgment creditor will need to get a writ of execution from the court. That document will identify the types of property that the creditor is allowed to seize.
