Users' questions

What happens when a car goes to repo?

What happens when a car goes to repo?

If your car is repossessed, you still have rights that protect you. For example, any property you kept in the car is still yours. If the creditor repossesses your car, they can sell it, but they can’t sell your personal possessions. The law requires creditors to return your property to you.

What happens to the car after a repossession?

Bid at auction: Lenders might sell your car through a private sale or public auction. The lender should inform you about what happens to the vehicle after repossession. If the car will go to auction, you can try to attend and bid on the car.

Can a creditor take you to court for repossession?

If you bought a car before you entered the military service and default on your car payment while in the military, your creditor must take you to court to repossess the car. However, your creditor can still use self-help repossession to repossess a car that you bought while you were in the military.

Can a creditor breach the peace when repossessing a car?

A creditor cannot breach the peace when he repossesses a car. Breaching the peace includes many situations, such as: Touching or pushing you. Damaging your property during repossession. Tricking or lying to you, in some states. A few courts have held that laws cannot encourage lying and trickery to repossess collateral.

What happens if I ignore a repossession notice?

If you do not pay or ignore these notices, your car will be repossessed. If you are in a situation where repossession is inevitable, you can voluntarily turn over the car to your lender. The only benefit to doing this is that you will not have to pay repossession fees.

Bid at auction: Lenders might sell your car through a private sale or public auction. The lender should inform you about what happens to the vehicle after repossession. If the car will go to auction, you can try to attend and bid on the car.

Can a car be repossessed during Chapter 13?

Yes, if your car is repossessed and auctioned and the money received in auctioning is less than what you owed on loan. Can my car be repossessed during Chapter 13? No, the lender cannot repossess your car during Chapter 13. In case the lender bank refuses to repossess car for which you defaulted on the loan, you have plenty of options open to you.

Can a repo person enter a private property to repossess?

The repo person cannot enter a private property to repossess a vehicle. Do I still have to pay if my car gets repossessed? Yes, if your car is repossessed and auctioned and the money received in auctioning is less than what you owed on loan. Can my car be repossessed during Chapter 13? No, the lender cannot repossess your car during Chapter 13.

Can you breach the peace by repossessing a car?

However, they can’t breach the peace while they do it. Breaching the peace usually means using or threatening to use physical force against you to take the car back. But it can also simply involve repossessing the car from your closed garage.