Repossessions may be voluntary or involuntary. Involuntary repossessions occur when the lender seizes your collateral by force, typically through a repossession agent. Voluntary repossession is when you arrange to surrender your secured collateral to your lender. The difference between the two is small.
Generally, cars are repossessed once payments are 90 days in default. Just don't expect lenders to give you a heads-up when the Repo Man will come calling. They typically contract that work out to towing services that specialize in snatching cars.
In the easiest cases, the defaulted-on car will be parked in plain sight in the debtor's driveway. If such is the case, you can simply tow away the vehicle right then and there and return it to the lender. Alternately, you could enter the vehicle with a secondary key and drive it to the impound lot.
Texas repo laws are fairly simple. A creditor can file a lawsuit seeking an order to begin the car repossession process. However, automobile repossession laws in Texas allow creditors with valid liens on vehicles to use “self-help” methods when a borrower is behind on loan payments.
Under Texas laws, your possessions can be repossessed if you have defaulted on a loan that is secured by that property. This means that you pledged the thing you were buying as collateral to secure the loan, and if you fail to make the required payments, the lender has the right to repossess it to recover the debt.
You are hereby notified that your description of motor vehicle, year, make, model and VIN #, was lawfully repossessed on Date because you defaulted on your loan with Credit Union Name. The vehicle is being held at location address of vehicle. be sold at public sale. A sale could include a lease or license.
Property can be repossessed by the creditor or by a person hired by the creditor as long as the process does not involve a breach of the peace. If there is a breach of the peace caused by the repo man, the creditor could be liable.
A repossession affidavit is a legal statement filed with the Department of Motor Vehicles when you repossess a car from a customer. This document provides details about the repossession such as why and how the vehicle was repossessed. It also informs government authorities that the vehicle has been repossessed.