Virginia Repossession Services Agreement for Automobiles
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FAQ
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.
The only way that a vehicle can be repossessed in the absence of the Sheriff of the Court and an original court order, is if the owner signs a voluntary termination notice, said Steyn.
Often, a bank or repossession company will let you get your car back if you pay back the loan in full, along with all the repossession costs, before it's sold at auction. You can sometimes reinstate the loan and work out a new payment plan, too.
In Virginia, a creditor may not repossess unless you're more than 10 days late with a payment. If you make all missed payments and any late fees, within 10 days of the due date, a creditor may not repossess. If you are more than 10 days late with all or part of a payment, a creditor may repossess.
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.
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.
Repossession is used to help lenders ensure that their debt is paid or as close to paid as is possible.
You may be able to buy back the vehicle by paying the full amount you owe (usually, that includes your past due payments and the entire remaining debt), in addition to the expenses connected with the repossession, like storage, preparation for sale, and attorney fees. check Virginia Code 6.2-2217 for your rights.
If your vehicle is repossessed: check Virginia Code 6.2-2217 for your rights. Some states have laws that allow you to reinstate your loan. This means you can reclaim your car by paying the amount you are behind on your loan, plus your creditor's repossession expenses.
