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Repossessions

How Repossession Can Take Place:

• The buyer does not have to be notified before the repossession occurs; 
• The creditor cannot commit a crime, use abusive language, enter a home without permission, or take an item if the owner physically resists; 
• Cars can be towed from public or private lots; 
• A car can be towed from the owner's driveway if no other car is move; but 
• A car cannot be towed from the owner's garage.

After an Item is Repossessed 

If you have paid more than 60 percent of the amount of the loan, the creditor must sell, lease, or otherwise dispose of the item, unless the consumer signs a statement after the default which permits the creditor to keep the item in full payment of the loan. The sale must be held within 90 days of repossession. You must be notified of the time and place of the sale.

If you have paid less than 60 percent, the creditor may decide if the item is to be kept as payment for the loan or sold. You must be notified in writing by the creditor of what will be done. If the creditor chooses to keep the article, you have 21 days to protest in writing and demand the item be sold.

Selling a Repossessed Item

The proceeds from the sale go to cover the balance of the loan, and the costs of the sale and repossession.  If the proceeds of the sale do not cover the loan and expenses, the repossessor is allowed to sue the buyer for the full amount owed including repossession fees, auction costs and legal fees.

If You Want a Repossessed Item Back