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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. 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.

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Q: Your car was reposess and there was a balance?
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Related questions

If you are up to date with with the bank and you file for bankrupe can the bank take your car?

they should have the right to reposess anything you own in order to balance their loss.


Is it legal to reposess a car from a workplace?

Yes, In the State of Ohio


How do you reposess a commercial vehicle?

It's more the same as repossessing a car.


What happens when a car is to be repossessed and the bank doesn't repossess it?

Nothing. Just because a bank is legally entited to reposess a car doesn't mean they have to do so immediately. They can choose to wait and see, and reposess it later if you're still delinquent on the loan.


How can you reposess your car?

Take the keys from your self and jump in it and drive away from yourself really fast


What process do you use to repo a car from your sister?

if i moved to another state say Georgia or am going there can the bank find my car to reposess it>?


Can a lock legally be cut off of a car trailer to be repossed?

Yes as long as the person doing the reposessing has the authority to reposess.


Can you reposess a car you own?

Oh coarse you can! You have to know licence plate number and other infornmation about it... You will have to pick it up from a DMV or a local towing company. :)


When can a bank reposess a car?

A bank can repossess a car at any time the loan has defaulted. Many times a bank will wait until a payment is 2 to 3 months behind before repossession.


Is it true that your car can't be repossessed if it's more than seventy-five percent paid for?

Not true they can reposess even if you only owe 5 dollars


Ive paid over a third of my car how long before finance company to take me to court?

you need to pay the rest |ASAP or they will reposess and you will still be on the hook


What if a lender repos your car and sells its for more than the balance due on loan?

You may only owe one payment, and if it's late, they can legally reposess your car. I would expect they would give you ample opportunity to catch up on your payment first. Once your car is repoed, they sell it, generally at auction. The money they make is theirs. You could check your own state laws, but generally there is nothing at all that precludes them from selling the car for more than you owe. On the opposite side of the coin, most repos end up getting sold for less than the debtor owed. Then, they come after you for the balance.