Vehicle Repossession

A lender's right to take back a financed car after default without going to court - subject to rules about how it is taken, how it is sold, and what you can still be made to pay afterwards.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

What it means

When a vehicle is financed, the lender holds a security interest in it, and if the borrower defaults the lender may take possession of the car without a court order. The law's one firm limit on the taking is that it must be done without a breach of the peace: a repossession agent may take a car from a street or an open driveway, but generally may not break into a locked garage, use or threaten force, or continue over the borrower's on-the-spot objection. What counts as a breach of the peace is decided case by case under state law, and a wrongful repossession can expose the lender to liability.

After the taking, the lender must send the borrower a written notice before selling the car, stating how and when it will be sold, and must sell it in a commercially reasonable manner. The borrower has the right to redeem the vehicle before the sale by paying what is owed together with the lender's reasonable expenses; some states also require the lender to offer reinstatement of the loan by catching up the missed payments, which is a right that exists only where a state has created it.

Repossession rarely ends the debt. If the sale brings less than the balance plus costs, the borrower owes the deficiency, and lenders routinely sue for it. Whether the notice and the sale complied with the rules is the borrower's main defense to that suit, and a lender that skipped the notice or sold unreasonably may lose some or all of the deficiency.

Where this comes from

When people hire a lawyer for this

The two moments are before the taking, when a borrower who knows a default is coming may be able to negotiate, surrender the vehicle on terms, or exercise a state reinstatement right; and when the deficiency demand arrives, because the lender's compliance with the notice and sale rules is the defense, and the paperwork a lawyer will ask for is exactly what the lender must have kept.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see Debtor-Creditor law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Consumer Rights” has no Debtor-Creditor listing yet and opens the broader page.

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  • and 7 more with fewer listed firms
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• West Virginia (Charleston)
• Wisconsin (Madison)
  +1 other city

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• Wyoming (Cheyenne)

Related terms

Other entries in the same area of law, each written from the same primary sources.

• Automatic Renewal and Negative Option SubscriptionsThe federal and state rules on subscriptions that keep charging until you cancel - what a seller must disclose and obtain before enrolling you, the cancellation mechanism it must offer, and where the law currently stands.
• Billing Error Dispute (Credit Card Chargeback)The federal procedure for disputing a charge on a credit card statement - a written process with deadlines on both sides that the card issuer must follow, not a courtesy it may offer.
• Class ActionOne lawsuit brought by named plaintiffs on behalf of a larger group with the same injury.
• Cooling-Off Rule (Canceling a Door-to-Door Sale)The federal right to cancel certain sales made at your home or away from the seller's regular place of business, the notice the seller must give you, and the many sales it does not reach.
• Credit Freeze and Fraud AlertTwo free federal tools for stopping identity thieves from opening accounts in your name - one that locks your credit file, one that warns lenders to check who they are dealing with.
• Credit Report DisputeThe federal process for forcing a credit bureau and the company that reported an item to investigate information you say is wrong.
• Data Breach Notification RightsWhat a business must tell you when your personal information is exposed, which laws require it, what the notice must say, and what a person whose data was breached can actually claim.
• Debt Validation Notice and Disputing a DebtThe written notice a debt collector must send when it first contacts you, what it must contain, and the dispute right it opens - during which the collector must stop until it verifies the debt.
• Fair Debt Collection (Collector Conduct Rules)Federal limits on what a third-party debt collector may say and do - including a written demand that stops contact, and a 30-day right to make them verify the debt.
• Gift Card and Prepaid Card RulesThe federal limits on gift card expiration and fees, the state laws that go further, and the separate protections for reloadable prepaid cards used like bank accounts.
• Identity Theft Recovery RightsThe federal rights a victim of identity theft can use to remove fraudulent accounts from a credit report, obtain the records of what the thief did, stop the debts being collected, and limit liability for the charges.
• Implied Warranty and the Magnuson-Moss ActThe promises the law reads into a sale whether or not anyone wrote them down, and the federal act that limits how a seller can take them away.
• Mandatory Arbitration ClauseA term in a consumer contract that sends any dispute to a private arbitrator instead of a court, usually alone rather than as part of a class - and federal law makes most of them enforceable.
• Right of Rescission (Home Loans)A federal right to cancel certain loans secured by your home during a short window after signing - and for much longer if the lender failed to give the required disclosures.
• Robocalls and the TCPAThe federal law that restricts automated and prerecorded calls and texts to your phone, gives you a Do Not Call right, and lets you sue for a fixed amount per illegal call.
• Time-Barred DebtA debt so old that the statute of limitations bars a lawsuit to collect it - what a collector may and may not do about it, how a payment can revive it, and why the credit-reporting clock is a different clock.
• Unauthorized Debit Card and Electronic Transfers (Regulation E)The federal rules that limit a consumer's loss from an unauthorized debit card, ATM, ACH or payment-app transfer, require the bank to investigate an error, and decide who bears a loss the consumer was tricked into sending themselves.
• Unfair and Deceptive Practices (UDAP)The consumer-protection laws, one federal and one in every state, that make it illegal for a business to mislead you or treat you unfairly - and the state versions are the ones a consumer can actually sue under.
• Wage GarnishmentA legal order requiring an employer to withhold part of someone's pay and send it to a creditor.

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