Asked 11/27/2009
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What is the laws for repossession of automobiles in the state of Virgina Have a gmc truck in va just wanted to what the laws are |
Answer 1/2 - Submitted 11/27/2009
I used to own a repo company in Mass. they are the same everywhere. you must be 90 days late before they can pick it up they will send you warning letters but the repo order wont go out until you are 90 days behind. if it has been picked up you have 21 days from that point to get it back before it goes to auction. if there is any personnal property in it when it is taken you have 60 days from pick up tp claim it or they can sell or donate it. hope I have helped. Mark
Answer 2/2 - Submitted 12/4/2009
Just to clarify from the last answer. There is no law stating that the lender has to wait until you are 90 days past due for the creditor to secure the unit. Virginia is also not a "Right to Cure" state. Some states have strict guidelines that the creditor must provide you a "Right to Cure" letter. This letter states a specific date that the account must be brought current. The creditor does not have to provide this to you in VA, but typically should. Creditors are really not looking to secure the unit and should be sending you letters to advise you need to pay. Some creditors give more time than others. I know that GMAC used to pursue repossession if you were three payments behind or over 60 days. You should really call your creditor to discuss this. Never avoid the creditor. If they are not talking to you then they do not know what your issue may be. Typically creditors have forbearance plans (extensions, deferments, amendment, etc) to get you back on track. Also be aware that most creditors sell the vehicles at auction. So just as and example; you owe $10,000 on the truck and it is repossessed. They sell it to the highest bidder and get $5000, you will still owe the remaining $5000. That $5000 is due in full after the sale. Most people of course cannot pay that because they were already having financial issues and that is why the unit was secured. Creditors will do what they can by law to recover that remaining balance. Many states do not have any strict laws around how they can recover. Creditors can place liens against property, garnish wages, etc. Again your best bet is to call the creditor if you fall behind. Avoidance may cause the creditor to move to secure the unit quicker if they do not know what the issue is.
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