Tuesday, March 8, 2011

Can a Creditor Keep Property Inside Car After Repo?

If you do not make regular payments on your automobile loan, the creditor can repossess, or take back, the vehicle. However, if you have property inside the vehicle at the time of repossession, the creditor cannot keep that property without your consent. If you believe that some of your property is inside a repossessed vehicle, contact the creditor immediately to make arrangements to reclaim your property.

State Laws

    While each state has different laws regarding how you can get your property back, creditors may not keep property that you left inside your vehicle. Depending upon your state, your creditor may or may not have to contact you to let you know that you left property inside the car. In some states, it is your responsibility to contact the creditor to get your property back if you wish to retrieve it.

Who Can Retrieve Items

    Your creditor does not want to be held responsible if someone steals your property from inside the vehicle while it is in his possession. Thus, many states allow creditors to set policies to protect themselves from this possibility such as requiring the registered owner of the vehicle to be present when property is collected.

What to Do to Protect Your Property

    Make a list of all items you usually leave in your vehicle. If your vehicle is repossessed, contact the creditor and ask him to return the items on your list. Do not leave items in your vehicle unnecessarily, especially if you are behind on your car payments and know your vehicle may be repossessed, so that it is less likely that you will have to retrieve them after repossession.

When to Contact an Attorney

    If a creditor claims that your property is not inside the vehicle, will not allow you to retrieve the property and will not compensate you for the value of the lost property, contact an attorney. The Federal Trade Commission says that creditors may not keep property found inside a repossessed vehicle without the property owner's consent.

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