Yes, you are still responsible for the loan balance even after your car is repossessed. If the sale of the vehicle does not cover the remaining loan amount, plus repossession and storage fees, you will owe the difference—known as a "deficiency balance". Creditors can sue for this amount, which will also damage your credit report for up to seven years.
California law provides borrowers the right to reinstate their loan after default. This means that if your vehicle is repossessed due to missed payments, you have the right to bring the loan current by paying all past-due amounts, plus any fees and charges, to regain possession of the vehicle.
Repossession Affects Your Credit
It is best for you to proactively address the situation and work with your lender to avoid repossession. But, if you have no other options, remember this is not the end of the world, and there are ways to rebuild your credit.
A repossession can stay on credit reports for up to seven years. According to Experian®, the seven-year countdown starts on the date of the first missed payment that triggered the repossession. But Experian says that once that time period ends, they'll automatically remove the account from your credit report.
Sometimes voluntarily returning your car is better than waiting for the lender to repossess the car, as it may reduce repossession costs, give you more control over the process, and help you avoid the embarrassment of an unexpected repossession.
In most states, your lender can sue you for a deficiency judgment to collect the balance owed, as long as it followed the rules for repossession and sale.
So how long will a repo man look for a car? The answer is simple — until they find it. Therefore, rather than hiding your car, it's probably a better idea to look for different solutions to stopping repossession.
Vehicle repossessions are a civil matter, not criminal which why it's done by a repossession company not law enforcement.
A partial payment might buy you a little time, but it will not prevent repossession. The loan is still considered in default, and it's up to the lender whether to cut you some slack.
One option you have is to show up and “redeem” the car (buy it back), by paying, in one lump sum, the balance remaining on the lease or loan, late fees, and repossession costs. Again, you can try to negotiate the price. A third option is to file a Chapter 13 bankruptcy.
The 11-word phrase often cited to stop debt collectors is "Please cease and desist all calls and contact with me, immediately," which leverages your rights under the Fair Debt Collection Practices Act (FDCPA) to halt most communication, though it must be sent in writing via certified mail to be legally binding, and collectors can still notify you of lawsuits.
In Arkansas, the "close-in-age" exception is also known as the "Romeo and Juliet law" or the "youthful offender provision." It is a legal provision that offers some protection to minors who engage in consensual sexual activities with another minor who is slightly older.
State laws and local court practices
In other states, court costs or stricter documentation rules make small debts less worthwhile to pursue. In short: Debt collectors typically start considering lawsuits for amounts around $1,000 to $5,000, but there's no strict rule.
You should pay off a repossession if you want your vehicle back (by paying the full loan + fees) or to avoid a large deficiency balance, which lenders can sue you for, but it won't erase the negative mark from your credit report immediately; paying it off might help you negotiate a "pay-for-delete" or at least stop collections, but your main goal is to stop further financial damage and collection calls.
Purchasing a car from a bank is often much cheaper than buying from a car dealer. This gap in price exists because repossessed cars usually have a history and could be in need of repairs or a new paint job. Some leased cars only require a few fixes, while others have bigger problems and end up costing more.
WHAT HAPPENS AFTER A VEHICLE IS REPOSSESSED IN CALIFORNIA? The consumer has the right to reinstate the contract (i.e. to catch up on their payments) or a right to redeem the contract (i.e. pay the entire amount that is owed).