Repo Form Statement Force In Montgomery
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FAQ
State car repo laws allow lenders to retake possession of the vehicle at any point after the borrower defaults on the loan. Defaulting is commonly the result of one or more missed payments. But it can also be the result of the borrower violating other terms of the loan agreement.
And in some states, doing this might be illegal. But if you keep the car locked in a garage or behind a chained gate, the creditor can't repossess the car because it would be breaching the peace (damaging property).
And, most importantly, you must be advised that you can reclaim the vehicle at any time before the sale by paying the full amount due–that is, the entire balance of the loan and any outstanding fees, plus costs incurred in the repossession and preparation for sale.
You can reinstate your loan — and stop the repossession — by paying all the missed payments, plus any late fees and unpaid interest. Under California law, you have the right to reinstate your loan at any time before repossession, even if the right to reinstate isn't listed in your loan agreement.
Filing for Bankruptcy This will give you the protection of an automatic stay, which prevents a lender from repossessing and selling your car without court permission. It also will prevent collection efforts based on a deficiency balance.
What Happens If the Repo Agent Doesn't Find Your Car? But if you make it hard for the repo agent to get it, then the creditor may use another method to get the car back, called "replevin." Replevin can be just as costly as a repossession, if not more so.
