Repossession Laws by State
This list will help guide you with basic information on repossession laws by state.
Alabama
- When Repossession Can Happen: Depends on your loan or lease agreement. Check your contract for grace periods and payment deadlines.
- Repossession Process: Lenders can take back your car without a court order, as long as they do not disturb the peace.
- Sources: Alabama Commercial Code, AlabamaLegalHelp.org
Alaska
- When Repossession Can Happen: After missing one payment, based on contract terms.
- Repossession Process: Creditors can take your vehicle or disable it on your property without a court order, as long as they do not cause a disturbance.
- Sources: Alaska State Legislature, Alaska Legal Services Corporation
Arizona
- When Repossession Can Happen: After one missed payment, lenders may require full repayment or begin repossession.
- Repossession Process: Creditors can take your car without a court order, provided they do not breach the peace. Legal action may be pursued if needed.
- Sources: Arizona State Legislature, Arizona bankruptcy lawyer
Arkansas
- When Repossession Can Happen: After missing one payment, as outlined in your loan contract.
- Repossession Process: Lenders can take or disable your vehicle without a court order, unless it causes a disturbance.
- Sources: Arkansas Uniform Commercial Code, Arkansas Legal Services Online
California
- When Repossession Can Happen: After a single missed payment.
- Repossession Process: Lenders cannot enter locked areas or move other vehicles to access yours. If unable to take the car peacefully, they may seek a court order.
- Sources: California Commercial Code, California Department of Consumer Affairs
Colorado
When Repossession Can Happen: If you miss a payment, your lender may send you a notice 10 days after the due date. If you don’t pay within 20 days of receiving the notice, the lender can demand full payment of the loan or start the repossession process.
How Repossession Works: The lender can take or disable your vehicle without a court order as long as they don’t disturb the peace.
Sources: Colorado Uniform Commercial Code, Colorado Legal Services, Inc.
Connecticut
When Repossession Can Happen: Your lender can start repossession as soon as you miss a payment. However, they must send you a notice at least 10 days before taking your car.
How Repossession Works: The lender can repossess or disable your vehicle as long as they don’t disturb the peace.
Sources: Connecticut Uniform Commercial Code, 2-1-1 of United Way of Connecticut
Delaware
When Repossession Can Happen: Your car can be repossessed as soon as you miss a payment. Check your contract for any grace period details.
How Repossession Works: The lender can disable or take your car without a court order, as long as they don’t disturb the peace.
Sources: Delaware Commercial Code, Legal Services Corporation of Delaware, Inc.
Florida
When Repossession Can Happen: Your car can be repossessed as soon as you miss a payment.
How Repossession Works: The lender can take or disable your car without a court order unless it disturbs the peace. They may also go to court for legal permission to repossess.
Sources: Florida Uniform Commercial Code, Florida Attorney General website
Georgia
When Repossession Can Happen: The timing depends on your contract, but repossession can usually happen after one missed payment.
How Repossession Works: The lender can take or disable your car without a court order as long as it doesn’t cause a disturbance.
Sources: Georgia Commercial Code, Georgia Department of Banking and Finance
Hawaii
When Repossession Can Happen: Your contract will specify your grace period and when repossession can begin.
How Repossession Works: The lender can take or disable your car without a court order as long as they do not disturb the peace.
Sources: Hawaii Uniform Commercial Code, Legal Aid Society of Hawaii
Idaho
When Repossession Can Happen: After missing a payment, you get a notice with a 10-day period to pay. If you don’t pay within those 10 days, repossession can happen.
How Repossession Works: The lender can take or disable your car as long as they do not disturb the peace. They may also go to court if necessary.
Sources: Idaho Uniform Commercial Code, Idaho State Legislature
Illinois
When Repossession Can Happen: Your car can be taken after one missed payment if you default on your loan.
How Repossession Works: The lender can take or disable your car, but they cannot enter a locked garage. If they cannot take your car peacefully, they may get a court order.
Sources: Illinois Uniform Commercial Code, Illinois bankruptcy lawyer
Indiana
When Repossession Can Happen: If you default on your loan by missing payments or violating the contract (like not having insurance), repossession can begin.
How Repossession Works: The lender can take your car as long as they do not cause a disturbance. They must inform the local sheriff within two hours of repossession.
Sources: Indiana General Assembly, Indiana Legal Services, Inc.
Iowa
When Repossession Can Happen: If you are more than 10 days late, you will receive a 20-day “right to cure” notice to catch up on payments before repossession starts. If you’ve already received this notice once in the past year, the lender does not have to send it again.
How Repossession Works: The lender can take or disable your car without a court order unless it causes a disturbance. If necessary, they may get legal permission to repossess.
Sources: Iowa State Legislature, Iowa Legal Aid
Kansas
- When repossession can happen: If your payment is 10 days late, the lender must send you a “right to cure” notice. This notice tells you how much you owe and the final date you must pay before they take your car.
- How repossession happens: The lender can take or disable your car on your property without a court order, as long as there’s no trouble. They can also get legal approval to do so if needed.
- Sources: Kansas State Legislature (Article 9 & Article 5)
Kentucky
- When repossession can happen: As soon as you miss a payment. Your contract will say how many payments you can miss before repossession starts.
- How repossession happens: The lender can take or disable your car without a court order, as long as there’s no trouble. They can also get legal approval if needed.
- Sources: Kentucky State Legislature & Legal Aid Network of Kentucky
Louisiana
- When repossession can happen: If you break the rules of your contract (called “default”). Your contract explains what counts as default, including how late a payment can be.
- How repossession happens: The lender can take or disable your car without a court order if there’s no trouble. They can also get a court order, but they don’t have to.
- Sources: Louisiana State Legislature
Maine
- When repossession can happen: If your payment is 10 days late, the lender must send you a “right to cure” notice. This tells you how much you owe and when you must pay. If you don’t pay on time, the lender can take your car. If you’ve already received one of these notices in the past year, they don’t have to send another before repossession.
- How repossession happens: The lender can take or disable your car without a court order, as long as there’s no trouble. If needed, they can get legal approval.
- Sources: Maine Uniform Commercial Code & Maine Consumer Credit Code
Maryland
- When repossession can happen: After one missed payment. Some lenders must send a 10-day warning notice before taking the car, depending on your contract.
- How repossession happens: The lender can take or disable your car without a court order if there’s no trouble. If you refuse, they can get legal approval. Some contracts require the lender to send you a notice within 5 days after repossession and hold your car for 15 days so you have a chance to pay and get it back.
- Sources: Maryland Commercial Law Code & Maryland Department of Labor
Massachusetts
- When repossession can happen: If your loan is 10 days overdue, the lender must send you a written notice called “Rights of Defaulting Buyer Under the Massachusetts Motor Vehicle Installment Sales Act.” This tells you how much you owe and gives you at least 21 days to pay before they take your car.
- How repossession happens: The lender can take the car from public or private property if there’s no trouble.
- Sources: Massachusetts State Legislature & Massachusetts State Website
Michigan
- When repossession can happen: If you default on your loan. Your contract will explain what counts as default.
- How repossession happens: The lender doesn’t have to warn you before repossession. They can take or disable your car without a court order if there’s no trouble.
- Sources: Michigan State Legislature & Michigan Bankruptcy Attorney
Minnesota
- When repossession can happen: As soon as your payment is late—even if it’s just one day past the grace period.
- How repossession happens: The lender can take or disable your car without a court order if it doesn’t cause trouble.
- Sources: Minnesota State Legislature & Minnesota Attorney General
Mississippi
- When repossession can happen: If you default on your loan. Your contract will say what counts as default, including any grace period before a payment is officially late.
- How repossession happens: The lender can take or disable your car if they do it peacefully. If needed, they can get legal approval.
- Sources: Mississippi Uniform Commercial Code & MSLegalServices.org
Missouri
- When repossession can happen: If your payment is 10 days late, the lender must send a “right to cure” notice. This notice tells you how much you owe and gives you at least 20 days to pay before repossession.
- How repossession happens: The lender can take or disable your car without a court order if there’s no trouble. If necessary, they can get legal approval.
- Sources: Missouri Uniform Commercial Code & Missouri Division of Finance
Montana
- When repossession can happen: If you miss a payment, your lender can take back your car. Check your contract for details.
- How repossession works: If you live off a reservation, the lender can take your car without a court order, as long as it doesn’t disturb the peace. If you live on a reservation, they need a court order. However, they may wait until you drive off the reservation to take it without an order.
- Sources: Montana Uniform Commercial Code, Montana Legal Services Association
Nebraska
- When repossession can happen: If you miss a payment, the lender will send a notice with the amount due and a deadline. They must wait at least 20 days before taking action.
- How repossession works: The lender can take or disable your car without a court order, as long as it doesn’t cause a disturbance.
- Sources: Nebraska Uniform Commercial Code, Nebraska State Legislature
Nevada
- When repossession can happen: You must be at least 30 days late on a payment before the lender can take your car.
- How repossession works: The lender can take or disable your car without a court order, as long as it doesn’t cause a disturbance.
- Sources: Nevada Uniform Commercial Code
New Hampshire
- When repossession can happen: Your payment must be at least 10 days late, but your contract might have different terms.
- How repossession works: The lender can take or disable your car without a court order, as long as they don’t cause trouble.
- Sources: New Hampshire Uniform Commercial Code, New Hampshire Legal Aid
New Jersey
- When repossession can happen: If you default on your loan (miss payments), the lender can take back your car. Your contract will explain how long you have before this happens.
- How repossession works: The lender can take or disable your car without a court order, as long as it doesn’t disturb the peace.
- Sources: New Jersey State Legislature, American Bankruptcy Institute
New Mexico
- When repossession can happen: If you default on your loan, the lender can take your car. Check your contract for details.
- How repossession works: The lender can take or disable your car without a court order, as long as they don’t disturb the peace.
- Sources: New Mexico Uniform Commercial Code, Law Help New Mexico
New York
- When repossession can happen: If you default on your contract, the lender can take your car. Check your contract for details on late payments.
- How repossession works: The lender can take or disable your car without a court order, as long as they don’t cause a disturbance.
- Sources: New York Uniform Commercial Code, Better Business Bureau
North Carolina
- When repossession can happen: If you default on your loan, the lender can take back your car. Your contract explains when this happens.
- How repossession works: The lender can take or disable your car without a court order, as long as they don’t disturb the peace.
- Sources: North Carolina Legislature, North Carolina Attorney General
North Dakota
- When repossession can happen: If you miss a payment, your lender can take your car. Check your contract for details.
- How repossession works: The lender can take or disable your car without a court order, as long as they don’t cause trouble.
- Sources: North Dakota Uniform Commercial Code
Ohio
- When repossession can happen: If you default on your loan, the lender can take your car. Your contract will explain what counts as defaulting.
- How repossession works: The lender can take or disable your car without a court order, as long as they don’t disturb the peace.
- Sources: Ohio Uniform Commercial Code, Ohio State Bar Association
Oklahoma
- When repossession can happen: If you default on your contract, the lender can take your car. Your contract will have details.
- How repossession works: The lender can take or disable your car without a court order, as long as it doesn’t cause trouble.
- Sources: Oklahoma Uniform Commercial Code, Legal Aid Services of Oklahoma
Oregon
- When repossession can happen: If you default on your loan, the lender can take back your car. Your contract explains when this happens.
- How repossession works: The lender can take or disable your car without a court order, as long as they don’t disturb the peace.
- Sources: Oregon Uniform Commercial Code, Legal Aid Services of Oregon
Pennsylvania
- When repossession can happen: If you fall behind on payments, the lender can take your car. Your contract will say how far behind you can get before this happens.
- How repossession works: The lender can take or disable your car without a court order, as long as it doesn’t cause trouble.
- Sources: Pennsylvania State Legislature, Pennsylvania Legal Aid Network
Rhode Island
- When Repossession Can Happen: If your payment is 10 days late, the lender must send you a notice stating how much you owe and the deadline to pay. If you don’t pay by the due date, they can take your car. You only get one notice per year—if you’re late again, they can repossess your car without warning.
- How Repossession Works: The lender can disable or take your car from your property without going to court, as long as they do not disturb the peace.
- Sources: Rhode Island Automobile Repossession Act, Rhode Island Uniform Commercial Code
South Carolina
- When Repossession Can Happen: If you fall behind on payments, your contract might require the lender to send a “Notice of Right to Cure,” giving you 20 days to catch up. If you don’t pay by then, they can take your car.
- How Repossession Works: The lender can disable or take your car from your property without a court order, as long as they don’t cause a disturbance.
- Sources: South Carolina Department of Consumer Affairs, South Carolina Code of Laws
South Dakota
- When Repossession Can Happen: If you stop making payments, the lender may have to send you a notice before taking or selling your car. Check your loan contract to see what applies.
- How Repossession Works: The lender can disable or take your car from your property without going to court, as long as they do not disturb the peace.
- Sources: South Dakota Legislature (Sections 57A-9-609 & 57A-9-614)
Tennessee
- When Repossession Can Happen: If you fail to follow your loan contract, repossession can begin. Check your contract for grace periods.
- How Repossession Works: The lender can disable or take your car from your property without a court order, as long as they don’t disturb the peace.
- Sources: Tennessee Uniform Commercial Code, Tennessee bankruptcy attorney
Texas
- When Repossession Can Happen: If you default on your payments, the lender can repossess your car. Check your loan contract for grace periods.
- How Repossession Works: The lender can disable or take your car without a court order, as long as they do not disturb the peace.
- Sources: Texas State Constitution, TexasLawHelp.org
Utah
- When Repossession Can Happen: Anytime after you miss a payment.
- How Repossession Works: The lender can disable or take your car from your property without a court order, as long as they don’t disturb the peace.
- Sources: Utah State Legislature, Utah bankruptcy attorney
Vermont
- When Repossession Can Happen: Usually, repossession can start as soon as you miss a payment, depending on your contract.
- How Repossession Works: The lender can take or disable your car without a court order, as long as they do not disturb the peace.
- Sources: Vermont Uniform Commercial Code, Vermont Legal Help
Virginia
- When Repossession Can Happen: If you are at least 10 days late on a payment, the lender can repossess your car. They do not have to warn you first.
- How Repossession Works: The lender can disable or take your car from your property without a court order, as long as they do not disturb the peace.
- Sources: Virginia Commercial Code, Central Virginia Legal Aid Society
Washington
- When Repossession Can Happen: If you default on your loan, the lender can repossess your car. Check your contract for grace periods. They do not have to notify you before taking your car.
- How Repossession Works: The lender can take or disable your car without a court order, as long as they don’t disturb the peace.
- Sources: Washington State Legislature, Washington State Attorney General
Washington, D.C.
- When Repossession Can Happen: If you miss a payment, the lender may send a notice at least 10 days before taking your car.
- How Repossession Works: The lender can disable or take your car from your property without a court order, as long as they don’t disturb the peace.
- Sources: Code of the District of Columbia, D.C. consumer protection attorneys
West Virginia
- When Repossession Can Happen: If your payment is 5 days late, the lender may send a notice before taking your car, depending on your contract. If no notice is required, they can repossess the car immediately.
- How Repossession Works: The lender can disable or take your car from your property if they do not disturb the peace.
- Sources: West Virginia Legislature (Sections 46-9-609 & 46A-2-106)
Wisconsin
- When Repossession Can Happen: Usually, if your payment is at least 10 days late. The lender must send a “right to cure” notice and wait 15 more days before repossessing your car.
- How Repossession Works: The lender can disable or take your car from your property without a court order, as long as they don’t disturb the peace.
- Sources: Wisconsin State Legislature, Wisconsin consumer protection attorney
Wyoming
- When Repossession Can Happen: If you default on your loan, the lender can repossess your car immediately. They do not have to give you notice first.
- How Repossession Works: The lender can disable or take your car from your property without a court order, as long as they do not disturb the peace.
- Sources: Wyoming State Legislature (Pg. 431, Section 1-9-609), Wyoming Uniform Commercial Code
Summary
Repossession laws vary across the U.S., but in most states, lenders can repossess your car without a court order as long as they do not breach the peace. The definition of “breaching the peace” includes entering locked areas, using force, or causing disturbances. Some states require lenders to provide notice before repossessing, while others allow immediate action after a missed payment. Certain states, like Iowa and Kansas, mandate a “right to cure” notice, giving borrowers a chance to catch up on payments before repossession. Understanding these laws is crucial for car buyers, especially those seeking repossessed vehicles.
RepoFinder.com is a valuable resource for finding repossessed vehicles directly from banks and credit unions. Since repossessed cars are typically sold at lower prices to recover the lender’s losses, RepoFinder allows buyers to locate and purchase these vehicles affordably. By understanding repossession laws, buyers can navigate the process more effectively, ensuring they make informed decisions. Whether you’re looking to buy a repossessed car or need to know your rights, RepoFinder provides a convenient way to connect with available inventory across different states.