answersLogoWhite

0


Best Answer

This depends on the contract. Many contracts allow them to demand full payment if you are even one day late. You then usually have 10 days or so to pay the entire thing off or they repossess. Once they repossess it they have given up on you as trustworthy and are not obligated (as far as I know) to let you get back into the same loan. When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment.

User Avatar

Wiki User

16y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can a buy here pay here car lot repossess your car and not want a payment and not want to give your car back?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Can a finance company repossess my car if I am only one week behind in car payments?

Typically, yes. Unless you have it in writing that they will change your payment date, or accept a later payment, they can repossess your car for being only a day late on your payment. However, most companies will not repossess this early as it usually ends with them losing money. They make more money by you paying your monthly payments plus interest. In the long run, if they repossess they have to sell the car at wholesale or auction and typically the person whose car was repossessed does not pay the balance due. This whole process takes a lot of time and money. Usually your finance company will avoid repossession until it is a last resort. Buy here pay here places aren't so nice however. In the end, legally speaking, the answer is yes.


What recourse does a used car dealership have if they need to repossess a vehicle in Texas for non payment but cannot locate it?

A dealership willnot need to repossess a vehicle in any state unless it is a buy here pay here type dealership. If this is the case, the dealer should contact a local, private repossession company. Find one of the larger possible companies, this will offer more resources. Then leave it to them. It could take some time, but if you give them all the information you have on the debtor, they will find and secure your car.


Can a BHPH dealer repossess on a first payment default without satisfying Colorado curing requirements?

http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 start here


Is the customer entitled to items that are left inside or outside of a car after the car has been repossessed?

Check state law, but here in Florida a company may repossess your vehicle but not keep any personal items belonging to you. They are entitled only to that property which is considered theirs due to lack of payment on the buyer's part. Keeping your personal items and refusing to give them back is considered theft. Only if they are not attached to the vehicle.


Can a buy here pay here repossess my car if I have trouble getting in last 440.00?

The simple answer is " YES "


Where can I find a car payment calculator?

Here is a website with a car payment calculator : http://www.carpaymentcalculator.net/ It will give you the monthly payment you'd need to pay in order to pay it. The calculator takes account of a few factors that could affect your payment.


Does the bank have to notify you before they repossess your car?

I have NO IDEA, WHY look here if there is NO ANSERS


If a person gives a downpayment to buy your car then backs out - who gets the downpayment?

This can be a tricky situation. Did you give the buyer a receipt for the down payment stating it would not be returned if they backed out of the deal? If not, then you may have to give it back. Did you hold the car for them, and in the process miss a sale due to this? Here is what I would do. If you ended up selling the car anyway, I would return their down payment.


Can a buy here pay here auto dealer repo your car if it is less than 30 days late on a payment?

Read the contract you signed. They very well may be able to repossess the car if you are 30 days late. Depends on the contract and your state laws. Legally you have defaulted on the agreement if you are 1 day late.


Can someone repossess your car if the payment is 3 days late and it is not stated anywhere in the contract and you do have insurance and all other payments are made?

payment late?? then its NOT on time and in DEFAULT. WHAT is not stated in the contract??? No lender is going to repo a car when only one payment is 3 days late. If you have made all the payments on time and you are only 3 days late, and they repossed your car, you need to contact the lender and see what is going on. Something is not right here.


I have a buy here pay here car I can't afford it anymore I want to give it back How do I do that?

just take it back where you bought it and tell them you can not pay, but have a ride home with you


In New York State can a lender repossess a car even if it's current when you are in default on another loan with the same creditor?

It depends how are you in default.... is it because of insurance coverage??Need a little more info here to give you a better answer.