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Repossession

Seizure of property bought on credit for which loan payments are not being received. Please note that when asking a car repossession question, it is often useful to include the state that you live in. This will enable people to give you better answers.

11,694 Questions

Does it still hurt your credit if your car was repossessed but you then paid off the loan in full?

Yes - but before you pay it off in full you can try get the finanance company to change what it says on your credit bureau by holding the payoff money up in their face - I would get any promises in writing.After you pay it off - your credit bureau says Repoed then paid off. It could look to another lender like it was paid off by the old company selling the car and you could get no credit for paying it off at all. I bought a 2002 ford focus a couple years ago, i had no credit cause i was only 18 years old. I finally got approved through ford motor credit and about six or so months ago the car out of no where just broke. I pulled over and looked back all i seen was oil and the repair shop said it was a possible bad motor. I have had nothing but problems with the car the entire time i have had it (broken seat belt, cig lighter, ect.) it was just out of warranty so i was pretty much stuck between a rock and a hard place. I decided just to have the car towed to the dealership and tell them i didn't want the car because i didn't have the money to get it fixed and what not. I then bought another vechile from a lady my dad knew and i made little payments til i paid it off and i heard nothing about my car. A couple weeks ago ford motor credit calls and i picked up they say i owe about 3600 and i told them i didn't have that kind of money and no one i knew did either. The lady said i could make a big settlement and take 40 percent off that price to make it 2400 but that still didn't fit in my budget at all. I asked if i could save up and make the 2400 payment they said no. They said i could pay 150 towards the 3600 and when i wanted to settle pay have of what i still owe. That sounded decent. I talked to my friend who is a bit older then me and has had this similar situation happen to him. He told me he didn't pay them a dime back and no matter what my credit is gonna be screwed up for a long time so don't bother paying them back. The ford person said after my credit would be better, so i am not sure what i should really do. Would it be worth paying them or just saying forget you guys you have the car it broke whatever? And boths ways how would my credit look if i did pay or didn't pay? To anyone who replies i thank you very much and appreciate your help i have to the 15th of July to decide. HiI hope I can help you.....The same thing happen to me....I found out that the repo was hurting my credit. I waited three years before I contacted the collection. Six months after I made a settlement on the repo. (Settle for 3000.00, repo was 6100.00) In the mean while I open a secured credit card and a unsecured card. Six months later my creit score jump and it is improving....

One thing to remember is that a collection is a collection , charge off is a charge off and a repo is a repo. Paying these off does not improve your credit and in some case it can hurt because the date of last activity will refresh for every payment is made.

The best thing to do is ask for a pay for deletion. Get it in writing and send all correspondence by certified return receipt and save all green cards you get back. Always remember, that when dealying with these types of issues you need to have the following thought process - if it is not in writing , it is a lie. With out written agreement, they can say they never agreed to what ever and then it is their word against yours. With the writing, you have proof and then can have it enforced in court if needed.

Good luck to you

If there is a repo fee on your account does that mean they are trying to repossess your car?

Good question...how did you find out about the repo fee?? Have you been repoed before?? Are you in default now?? If you're not in default, dont worry about it, hope they repo it so you can sue them.... IF you ARE in default, pay up today

Yes that is what it means. If you were behind on your payments and didn't call the lender to work out a deal before a repossession order was issued, Then you payed before a repo agent picked it up you are responsible to pay the repo fee and the lender is responsible for calling off the repo. If you have payed and the lender failed to call the repo agent and you get repoed you can bring up ''wrongfull repossession charges'' and that falls on the lender. In your signed contract you agreed to this and so did the lenders.

The above response is incorrect THE LENDER CANNOT CHARGE YOU FOR SOMETHING (a repo in this case)WHICH HAS NOT TAKEN PLACE !!!!!!!!!!!!!!!!!!!!!!!!!! IF they try too.... SUE them and there "agents"

Can a vehicle get repossessed if your first payment is 15 days late?

Read the fine print of your contract carefully. I have never heard of a vehicle leasing/purchasing contract NOT having a first payment default clause.

Does the lender have to disclose what they are charging you for after a repossession?

I don't know what state you are in, but in Illinois the bank by law has to provide you with a calculation of deficiency. We are battling the bank for the same thing. Had a truck repo'd was worth 15K, owed 15K, they sold it for 8K and now say we owe 6800. I want to know how and they keep denying any information saying it's confidential bank information. Write a letter of complaint to whatever agency oversee's this bank and look under your state's statutes for what the bank is liable for and what they have to provide by law.

In Texas can they repo a car from your driveway on personal property?

The law can come and remove anything from anywhere if it is on a no parking place, tresspassing, or if you haven't been paying your bills. If you signed the contract to the car saying the car could be repossessed, the government practically owns your car. If you didn't read a contract that you signed that makes it your fault.

The only time I've ever had the law on my side while in the process of a repossession is when it's been court ordered. For instance a bankruptcy judge orders a debtor to surrender a piece of collateral, and the order has been ignored ! Other than that a repossession is a civil matter and the local police will not get involved. More to the point, the answer to the original question is yes ! The collateral can be take from private property or a drive way and that's pretty much in any state.

You did agree to surrender the collateral if you can no longer pay for it. It is stipulated on the contract you signed on that oh so happy day you bought that car. It's just in very fine print on the back and that very helpful sales person, didn't quite explain what all the fine print said in plain english.


You should always check with local law enforcement. In Parker County, a Repo agent must appear before the County Judge with the paper work to repo. The jugde has to approve the repo before hand.

How bad is it for your credit to have a leased car voluntarily repossessed?

My car is about to be repossessed. I spoke to the lender who has the second mortgage on our house concerning how bad this would be on my credit report. This particular lender is CitiFinancial. I was told that car payments are not looked at as crucially as credit cards, rent or mortgage payments, and utility bills. If I get my mortgage payments in on time and pay my credit cards down within two years, then I can probably buy just about anything because it will look like the car payments were indeed too high at the time and getting rid of them helped me to get back on track. She said when they are processing a mortgage, car payments are the last thing they look at because people change cars every two to three years and those payments change with the car. She said there is also the possibility of an accident where the car is totaled and ends up being paid off by insurance. There are just too many variables with cars, so they don't pay a lot of attention to the payment pattern or lack of it.

first of all being told by a lender that car payments are not looked at as crucially as credit cards, rent or mortgage payments, and utility bills. Is totally NOT TRUE.....Your lender is feeding you with lies.

My husband has a repo on his credit record and he voluntarily gave the car back thinking the same thing. And Boy was he wrong. 3 years later and he still cant get a car loan, house loan, credit card loan.... his credit is shot just because of the darn repo. We have tried everything.

Finance Co. look at all parts of your credit when going for a loan. and a big part of it is if you have paid your car payment on time... My advice to you is try very hard not toget a repo voluntary or not.... the word "repo" on your credit is not just looked over. Its a big mark that stands-out reguardless how long ago, or if the payments were too high.

Any repo is bad.

Would a bank lie about having your car repossessed?

yes..

They will have to notify you in writing that they have repossessed your car. They could have made a mistake when someone told you they didn't, or they could not want you to know about it any earlier than they have to. You will be notified before it is sold, you can also check with the police and report it stolen, they always notify the police and the police will check with them if they haven't and they won't lie to them.

Chris, you make some BOLD assumptions about the veracity of banks and repomen. You should at least check the state laws you purport to quote. BTW, have YOU ever repoed a car?? LOL

Yes I managed a Financial Branch that specialized in NON PRIME Auto Paper - the branch had in excess of 7 million of auto loans and I repossessed 1-4 cars a month most months. Seldom did I personally do it, but yes I have repossessed a car from a customer. I can only speak about the laws in Florida, but what I say if fact.

Lenders will tell you anything. But they should tell you if they took the car. Call the police and report it stolen. If the car was repo'd, the police were notified when the tow was enroute to pick up the vehicle. The police, however, do not keep records. If the police weren't notified, (not all repo guys report that they're picking up the vehicle), report it stolen. It's then entered into NCIC and then the lender will have the headache when they try and sell the car that's listed as stolen. Of course when the lender tries to get the title, the DMV will have a hold listed which will tell them the car was reported stolen. It will create a problem for the lender. LOL

Yes. I recently had a vehicle repossessed and the bank told the repo company that I was in default since 05/05. When the repo man showed up and was shown the receipts for payments from 01/05 to the present he refused to take the car. A three way call was made with the bank and the rep told us that the car was in default since 05/05. When the repo man told her that wasn't true her story changed to being in default for 2 months which was also untrue. The bank still ended up taking the vehicle and I'm currenlty in a legal battle with them over it.

Does a repossession remain on your credit report if you get the vehicle back?

It remains for 7 years, from the date of repossession/charge-off, even if you get the vehicle back. However,If you don't pay the loan off, after it was repoed, then the original creditor MAY get a judgment against you, that judgment will stay on your credit report for 10 years. Unless you are able to settle out of court.

It can; however, depend on the lender and the situation. Some might not put a repo on your credit if you redeem the vehicle promptly and stay current from then on. If they have to sell your vehicle at auction, you most definitely will get a repo on your credit. I know of some people who redeemed their car and never had a repo reported, just the lates.

BTW, even if you get a repo on your credit, you have a good chance of disputing it off. You can dispute a lot of things off your reports, even if they are legit. Been there, done that.

Can your car be repossessed for 'non-payment' if your first payment has not yet come due?

Suzette, what are the details on your purchase? Such as what state? One reason for repo before ist payment due is a person didnt qualify for the financing deal offered. Maybe a small detail got left out. Or a large detail. Its obvious that dealers WANT to move cars. So they will do a LOT to make the deal go thru. For them to repo asap, theres about 2 reasons. the obvious, you didnt qualify OR they screwed up. If it's #1. oh well you tried. If #2. OH BOY, call your or any attorney. JACKPOT.

After repossession can your wages be garnished?

this can vary by state, but in most if they get a judgment against you by taking you to court, then can - but there are rules about this as well that vary by state for example where I live they can't garnish the head of household, can't leave less than a certain amount in the check, etc.

There are a LOT of variables: how much you owe v.s. how much the car is worth... The state you live in...the loan agereement which you have signed..other costs such as towing, storage etc... Generally , if they repo the car and it pays off your debt, and you pay the towing and storage fees and there is no outstanding balance, they have no reason to garnish your wages. But if you don't make a deal with the loan company, and you owe them money and don't set up a payment schedule that they accept, they can garnish your wages until you are even ( you don't owe them anything). If you communicate with the lender and make arrangements to pay so much a week, they will work with you. But if you blow them off, they will get their money one way or another! A negotiated payment plan looks better on your credit record than a garnishment.

Can you refinance your loan instead of letting it be repossessed?

yes - as long as she get's them the money to pay it off any way - before they get the car she will be ok - she can trade it in, pay it off with cash, refinance it, etc. The trouble is if she is behind on the payment, other auto lenders are probably not going to want to lend her money on another car. THey will want to know if she can't pay that one, why/how will she pay us.

If the lender has written the car off and not repossessed it do you owe them money?

YES

Yes, you owe them money or yes they owe me the title if it has been written off? Thanks for your help.

What happens if your repossessed car was modified after purchase?

if it was me i would ask them to prove that the gauges were working before you bought it. and i am not sure but i think that any changes you make such as a new radio or new rims and such will stay so if you take something off i dont think u have to put it back. but i am not entirely sure. and another thing if it is getting or has already been repossessed i would tell them to get bent. it it was me.

How can you get a repossessed car back without paying off the debt in full?

You must get the finance company to agree to terms. You can't get the car back by any means other than getting the finance company to agree to something. You do have a certain # of days to pay it off in full, but after than and other than that, it's their car.

I filed bankruptcy, Chp 13, 2days after my vehicle was repossessed earlier this week.My atty has promised my vehicle back to me within 3-4 days and is currently having those arrangmnts made., however I must drive to Atlanta from Macon to pick it up myself..Read up on filing Ch 13, especlly if you have alot of other dept.Its not as bad as it sounds.

keep on kidding yourself...ANY BANKRUPTCY is bad

Re: Bankruptcy. Unfortunately, since they recently revised the bankruptcy laws, bankruptcy may no longer be available to you.

Can you repossess the car if payments aren't made on a private loan?

It depends, if you did not have a security agreement on the loan, and if you didn�t file for a new title with your loan on it, you can�t enforce a repo (this is for Colorado, but it is similar for other states). It seems to be that you need to go to court, and prove to the court that you have a right to the car, depending on what is in that letter, and then the court can issue a repleven, which is a court order that can be enforced by law enforcement to get the car back. good luck.

Who is responsible for damage to a repossessed car?

The tow company is responsible for damage they did to the vehicle, if they claim they didn't do it you have to prove it and make a claim/sue them, otherwise you need to claim it on your insurance.

Can a finance company refuse to accept a payment and then repossess your car?

Unfortunately, yes they can repossess your car. They have the right to take it at any point that you do not make a full payment on or before the indicated pay day. The only exception is if you have a written agreement that states you have a grace period.

Otherwise there is nothing you can do about it except pay in full on time every time.

What happens when a damaged car is repossessed?

You are responsible for the entire amount that you owe them - (minus) the amount they get for selling it, which won't be much with $6k in damages. They will report it on your credit, possibly try to get a judgment against you so they can garnish your wages or lien your property (these laws vary by state) but most likely they will just report it on your credit once as a repo, then as a charge off for the amount left.

If the car is that badly damaged the lender will refuse to take the car.They will still come after you for the money owed.In your contract it will state any damage to the vehicle that was caused by you, that you will be responsible for the repairs that the lender has made. Plus the balance and all fees accured.If you were to file bankruptcy these debts will be wiped out and the lender eats the repair bill along with the rest. That is the reason lenders will not take back a damaged vehicle.

Will it affect your credit if a car is repossessed after the lease has ended?

YES - the fact that the original term of the lease had past has nothing to do with it since the payments weren't made.

Can a person voluntarily return a car to the bank to avoid repossession?

That is a repossession. Anytime the lender get's the car back instead of the money agreed to on the contract, it's a repossession. It will show as a voluntary repossession. And hurts the credit. Doing it does not relieve you of any deficiency between the amount the car gets sold by the bank for and the amount you owe. However, you would save many of the costs that the bank would have to expend, (fee's, towing, etc.,) that would become part of the amount you owe (hence make that possible deficiency bigger) in a "normal" repossesion. It is definately better, ABSOLUTELY ALWAYS, to co-operate, even work with the lender if you cannot make payments and would end up with an involuntary repossession. And when you do this "possession in lieu of forced repossession", you may be able to get them to agree to any number of things: Perhaps even waiving any deficiency; very possibly along with allowing you some time to sell it yourself - which is cheaper to all than having to have a broker and such involved, and can get substantially more for the car than it being sold in a bankers wholesale auction.

How do you voluntarily let your car be repossessed?

You need to give the car to the lender - if they are too far away then you need to call them and tell them where it is and ask them how they want to get it.

If the principal is paid in full and the only payments left are interest from late charges can they repossess your car?

YES.

Not usually. In New Jersey if you have more than 90 % equity in the vehicle they can no longer take the car. BUT they can still damage your credit for 7 years and try to collect in court. In practice they almost always damage credit with a chargeoff or a closing of the account but they rarely sue for small ammounts though they still can.

Is repossession of a leased vehicle the same as one you get a loan for?

In my experience, a lease and a loan repossession are the same - I had a voluntary repo where I brought the car back to them with keys, and just got a car with loan repossessed and they do the same process with both, and yes, you are responsible for paying any unpaid amounts. In my situation they were both sold at auction and I was responsible for the outstanding balances to pay off. I didn't see any difference in leasing or with loan to own.

i am leasing a vehicle and today is the last day of my contract and i am over the mileage and the dealership charges 15 cents a mile after calculating it ends up being more than what the car is worth what should i do if i cant refinance it

Can you save money by purchasing a repossessed car?

Purchasing a repossessed carMost lenders run their repo's through "dealer only" Auctions, but you there are still a lot of smaller banks and credit unions that may sell to the public for a deep discount. Jo, the odds are NOT good unless you are or have access to a mechanic. BUT, you may have bought a repo before. It depends on where and how you buy it. Most MAJOR lenders run their repos thru the auction and sell them to dealers. You dont save any money there. ** I would strongly not recommend it, my husband has been in this industry for a long time and a family member of ours works on the other end at the auction. These cars up for auction are usually not very well taken care of and most have several issues not to mention extremely disgusting when we pick them up because most people know it's up for repo. Another thing we see quite often is people intentionally sabotaging the car or gutting it before it is picked up. You can also ask dealerships, who also buy at auction, if the vehicle was bought from auction or a trade in and they must disclose that information to you.

Something else to think about- If they couldn't afford to make the payment and the car was repo'd, it is highly unlikely that they spent the money for proper maintenance.

The risk simply isn't worth the savings.