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Frequently Asked Questions?
How many payments must be missed in order for my vehicle to be repossessed?
By law a vehicle can be repossessed by the lienholder when the purchase contract is in breach. This breach is made as soon as one payment is late. This means after only one day a lien holder can repossess a vehicle. However, in most cases all lien holders will give you a grace period from a few days up to a few months. Just keep in mind this grace period is not required.  

Can my vehicle be repossessed for not having auto insurance?
According the Texas State law a vehicle can in fact be repossessed for not have full coverage insurance on a vehicle that has a lien on it. This law was put into effect to protect the lien holder in case of an accident.

How many days do I have to redeem my vehicle after it is repossessed?By law in Texas a debtor is given 10 days to redeem their vehicle after the repossession has taken place. In some cases a lien holder will allow more time to special circumstances.

Can a dealership refuse to return a vehicle after it is repossessed?
In most cases the lien holder cannot refuse to return the vehicle to the register owner. However, the lien holder does have the right to cancel the installment agreement due to breach of contract and ask for the payoff of the vehicle. The registered owner of the vehicle would have ten days to pay the entire balance of the loan off. 

How do I get my personal property back if I do not redeem my vehicle?
If your vehicle was repossessed you will have 30 days to redeem your personal property. There may be fees when you go to pick up your items. After 30 days if you have not redeemed your items the towing company is allowed to sell or discard your property.

What is the most that can be charged for a repossession fee?
In the State of Texas there is not a maximum fee set for a repossession fee. Most should expect to pay anywhere from $300 to $600 depending on the time and effort to takes to repossess your vehicle. This is why it is important for you to give your vehicle up immediately if your vehicle is out for repossession. The more work involved in finding your vehicle, the more money you as the registered owner would have to pay in order to get it back.

Does the repo company have to be licensed to repo my vehicle?
In the State of Texas there is not a “repossession license. However, in order for a towing company to tow any vehicle, including during the repossession process, they must be licensed by the Texas Department of Licensing and Regulations otherwise known as TLDR. You can check to see if the company that repossessed your vehicle is licensed by clicking here. 

What happens if I hide my vehicle from the repo man?
Texas Penal Code 32.33 is very clear when it comes to the laws on hindering secured creditors. Below is the entire Code regarding hiding your vehicle. Some parts are highlighted that are most in repossession cases.
Texas Penal Code
32.33 Hindering secured creditors
(a) For purposes of this section:
(1) "Remove" means transport, without the effective consent of the secured party, from the state in which the property was located when the security interest or lien attached.
(2) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation.
 (b)A person who has signed a security agreement creating a security interest in property or a mortgage or deed of trust creating a lien on property commits an offense if, with intent to hinder enforcement of that interest or lien, he destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property.
(c) For purposes of this section, a person is presumed to have intended to hinder enforcement of the security interest or lien if, when any part of the debt secured by the security interest or lien was due, he failed:
(1) to pay the part then due; and
(2) if the secured party had made demand, to deliver possession of the secured property to the secured party.
(d) An offense under Subsection (b) is a:
(1) Class C misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is less than $20;
(2) Class B misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $20 or more but less than $500;
(3) Class A misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $500 or more but less than $1,500;
(4)state jail felony if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $1,500 or more but less than $20,000;
(5) felony of the third degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $20,000 or more but less than $100,000;
(6) felony of the second degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $100,000 or more but less than $200,000; or
(7) felony of the first degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $200,000 or more.
(e) A person who is a debtor under a security agreement, and who does not have a right to sell or dispose of the secured property or is required to account to the secured party for the proceeds of a permitted sale or disposition, commits an offense if the person sells or otherwise disposes of the secured property, or does not account to the secured party for the proceeds of a sale or other disposition as required, with intent to appropriate (as defined in Chapter 31) the proceeds or value of the secured property. A person is presumed to have intended to appropriate proceeds if the person does not deliver the proceeds to the secured party or account to the secured party for the proceeds before the 11th day after the day that the secured party makes a lawful demand for the proceeds or account. An offense under this subsection is:
  (1) a Class C misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of less than $20;
  (2) a Class B misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of $20 or more but less than $500;
  (3) a Class A misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of $500 or more but less than $1,500;
  (4) a state jail felony if the proceeds obtained from the sale or other disposition are money or goods having a value of $1,500 or more but less than $20,000;
  (5) a felony of the third degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $20,000 or more but less than $100,000;
  (6) a felony of the second degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $100,000 or more but less than $200,000; or
  (7) a felony of the first degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $200,000 or more.

Can a vehicle be repossessed on private property?
Yes, when the installment agreement is signed at the time of purchase the purchaser agrees to allow the lien holder, and any of their agents, to go onto private property to retrieve the collateral.  

What is a Writ of Replevin?
A writ of replevin? is a court order granted to a complainant to recover goods that have been unlawfully taken or retained. As in the case of a vehicle that is not surrendered to the lien holder, they may file a writ to secure the collateral. This is a very unfavorable option for most debtors because it could end up costing them several hundred to several thousand dollars in court cost, time and missed work. 
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