Can Car Companies Repo Cars During COVID-19? Know Your Rights

Are you worried about car repossession due to financial difficulties caused by the COVID-19 pandemic? If you’re facing job loss or income reduction and struggling to make your car payments, you’re not alone. Many individuals are in similar situations, and understanding your options is crucial. Here’s what you need to know and what steps you can take if you’re concerned about car repossession during these challenging times.

First and foremost, contact your lender immediately. Communication is key. Many financial institutions, including banks, credit unions, and auto finance companies, have implemented programs to assist customers facing financial hardship. These programs may include options to delay your car payments or renegotiate your payment schedule. It’s essential to reach out to your lender as soon as possible to discuss your situation. If your lender agrees to any changes to your loan terms, make sure to get all the details in writing. This written agreement will serve as important documentation and protect you from potential misunderstandings later on.

It’s also vital to understand your rights regarding car repossession in your specific state. Laws governing vehicle repossession vary from state to state. To learn about the regulations in your area, you should contact your State Attorney General or your local consumer protection agency. These resources can provide you with information on how car repossessions are handled in your state and what your rights are throughout the process. If a lender violates state laws during the repossession process, they may lose certain rights against you or even be required to compensate you for damages. Knowing your state-specific rights is a critical step in protecting yourself.

Consider whether refinancing your auto loan is a viable option. If obtaining a lower interest rate or extending the loan term could make your monthly car payments more manageable, refinancing might be a beneficial strategy. However, it’s crucial to refinance with a reputable lender to avoid predatory practices. Before you miss a payment, explore all your options. Depending on your car’s current market value and the outstanding loan balance, you might also consider selling your car or trading it in for a less expensive vehicle. Taking proactive steps like these can help you avoid falling behind on payments and potentially prevent repossession.

Do not ignore the situation and do nothing. Even if you anticipate missing a car payment, avoid ignoring communications from your lender and be proactive in reaching out to discuss your situation. Ignoring the problem can lead to significant financial repercussions. Missing payments can result in substantial late fees and damage your credit score, making it harder to secure loans or credit in the future. While some lenders may have voluntarily paused repossessions during the peak of the pandemic, this is not a universal or permanent policy. If you fall behind on your car payments, your lender still retains the right to repossess your vehicle, sometimes without prior warning.

If your car is repossessed, it is important to check your state’s laws to understand your options for getting it back and retrieving any personal belongings left inside. State laws often dictate the procedures lenders must follow after repossession, including your right to reinstate the loan or redeem the vehicle.

Furthermore, be aware that you might still owe money even after repossession. In many cases, after a car is repossessed and sold, there can be a “deficiency balance.” This deficiency is the difference between the car’s sale price at auction and the remaining amount you owed on the loan, plus any repossession-related fees. In most states, lenders have the legal right to sue you to recover this deficiency balance. Consulting with an attorney can help you determine if you have grounds to challenge a deficiency judgment.

The most important takeaway is that you likely have more options than you realize. Don’t delay in communicating with your lender. The sooner you initiate a conversation and explore potential solutions, the greater your chances of reaching a workable arrangement and avoiding car repossession during these financially uncertain times.

For more detailed information, refer to the FTC’s article on Vehicle Repossession and a related blog post from the CFPB for further insights and guidance.

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