What Happens to Your Personal Belongings When Your Car Is Repossessed?

To Get Items Back After a Repossession, Act Quickly

If the repo agent took your personal items when repossessing a car, make sure you look at your loan agreement. Some say that you must make that request within 24 hours of the repossession. Although such time limits might not hold up in court, it's safest to act quickly.

How Do You Get Your Belongings Out of a Repossessed Car?

Here are some ways to get your items back.

• Get your belongings while the repo agent is present. If you're present during the repossession, the repo agent might give you the opportunity to get into the car to get your things. If the agent doesn't offer you a chance to get your items, you should ask to do so right away. If the repo agent won't let you retrieve your belongings, it's important to stay calm and avoid a confrontation. You'll most likely still be able to get your stuff, and you don't want to do anything that could result in legal charges against you.
• Car repo laws often require notice or the right to inspection. If you're unable to retrieve your property before the creditor or repo agent takes your car, you can still get your things back. In some states, car repo laws require the creditor to send you a written notice and inventory of the property found in the car within a certain time frame, such as 48 hours of taking the car. The creditor might also have to give you an opportunity to inspect the vehicle at the storage facility and retrieve your property before the vehicle is auctioned or sold. Be sure to contact the repo company right away if you get a notice about your right to retrieve items or inspect the vehicle. However, you don't have to wait for a notice to contact the repo company. You can call the company or creditor before that happens.
• Check your car loan contract. You should also read your loan agreement. The loan agreement might state that you have a limited amount of time, such as 24 hours, to contact the creditor and make arrangements to get your items back.
• Contact the creditor and repo company immediately. Most importantly, you should contact the repo company and creditor right away. Don't wait for the creditor to send you a notice. Also, make sure to document your communications and keep your own written inventory and, preferably, photographs of any personal items you keep in the car.

Can the Repo Company Charge You Fees to Retrieve Your Items?

In most cases, the lender or repossession agent can't charge you a fee to store or return your personal property to you. Creditors usually only have a right to charge you storage fees pertaining to the car itself. However, if you don't reclaim your personal property within a reasonable time frame, the company might be able to charge you a storage fee.

What If the Repo Company Refuses to Return Your Property?

If the repo company refuses to cooperate in returning your property, or if items are missing or damaged, contact the creditor. They might be able to resolve the situation. If you still can't get your belongings, you might have a claim for damages. You may also use that as a defense if the lender later sues you for a deficiency judgment after the car repossession. In some instances, it might be a crime for a creditor or repo company to wrongfully keep and sell your property.

You may also contact your state attorney general's office or state consumer protection agency to file a complaint. You might also consider consulting with a local attorney to learn about next steps and options.