Arkansas Repossession Services Agreement for Automobiles
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FAQ
In Arkansas, a repo company can repossess your car in any public or private place as long as they don't breach the peace. Examples of what could be considered a breach of the peace include: Using force or violence.
Repossession is used to help lenders ensure that their debt is paid or as close to paid as is possible.
You can "redeem" the property by offering the creditor the entire unpaid balance on the debt plus expenses reasonably caused by the repossession. You must do this before the creditor has disposed of or sold the property. Usually you cannot redeem just by paying the amount in arrears unless the creditor approves it.
What is Repossession? The contractual right of repossession is a process where a creditor can legally take possession of a specific asset or property if a debtor fails to meet their obligations on a contract. This right of repossession exists in many different sorts of agreements and transactions.
Under current law, an Arkansas title may be issued for a repossessed vehicle by filing a direct lien at a $1.00, then executing an Affidavit of Repossession. Fees are the $10.00 title fee and the $1.00 fee to transfer the registration.
Creditors can't take any personal property that's in your car when they repossesses your vehicle. If a creditor does breach the peace, he may not be forced to return the car, but he may need to pay a penalty or repay you for any damage to your property.
If your car or other property is repossessed, you might still owe the lender money on the contract. The amount you owe is called the "deficiency" or "deficiency balance."
Repossession happens when your lender or leasing company takes your car away because you've missed payments on your loanand it can occur without warning if you've defaulted on your auto loan.
Example Repossessed because of previous owner's debt A few months later, the car is repossessed by the company who sold it to the previous owner, who owed money on it and had not been making payments.
