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Repossession Laws in New Jersey. If a consumer has an active loan agreement with the creditor but fails to make a payment, they will enter into default. If this occurs and the creditor has a valid security interest in the item used as collateral, they are entitled to conducting a repossession of that item.
If you object to the repossession, the creditor must take the matter to court. The creditor cannot use threats or force. The creditor cannot use fraud or deception (such as showing you court papers), or threaten to have you arrested.
While a creditor can repossess a car without filing a lawsuit, there must be a default or breach of the security agreement. The most common default is a failure to make a payment by the due date, though there can be other reasons for a default, such as a failure to carry appropriate insurance.
Most repossessions in Indiana are sold at auction after about 2 weeks. After the car is sold at auction, you cannot get the vehicle back. You will need to contact your creditor to get the vehicle back. The creditor will also inform you as to what company repossessed your vehicle.
A repossession title will do two things for you. First, this new title will only have your name on it, as the lender, and the name of the borrower will be removed. Second, it will allow you to sell the vehicle and recover the cost of the loan.