If a repossessor takes your car, you’re entitled to get back all your personal belongings inside of, but not attached to, the vehicle when it was repossessed.
Updated 7/23/2024
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If a repossession agent (repo agent) takes your motor vehicle, you're entitled to get back all your personal belongings that were inside of, but not attached to, the vehicle when it was repossessed. So, you can get back your personal items, such as gym shorts, but not the $500 sound system you installed. However, you are entitled to a removable radio.
The Car Lender Doesn't Have a Legal Interest in Your Personal Property
You're legally entitled to your personal property. The car loan lender must return that property to you because it doesn't have a legal interest in it. The lender has an interest only in the car, which served as collateral as payment for the car loan.
However, if you added any permanent fixtures, customizations, or improvements to the car, you can't get those back. For example, if you installed a sound system, tire rims, or a GPS device on the vehicle, the lender doesn't have to return those. As a rule of thumb, if tools would be necessary to uninstall an item from the vehicle, you probably can't get it back. Instead, installed items stay affixed to the car, and the lender can sell the vehicle with those fixtures.
The obligation to return your personal property to you extends to the repo agent and anyone else the bank hired to repossess and store the car. The repo agent should have let you retrieve your personal property before towing the vehicle.
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 to Get Your Items Back
It's best to get your personal items out of the vehicle before or while the repossession agent takes the car. If you're not able to claim your items before or during the repossession, state law often requires the lender to send you an inventory of what was in the vehicle when it was repossessed and give you the chance to get your belongings before the car is sold to a new owner.
But it's best not to wait until you get this notice if you left personal items in your vehicle. Instead, promptly contact the lender after your vehicle is repossessed and ask that your property be returned. Put the request in writing and list everything you left in the car. If the lender is uncooperative—which is unlikely—consider suing in small claims court..
Can the Repo Agent Refuse to Return My Personal Belongings Until I Pay a Convenience Fee?
In most cases, the lender or repossession agent can't charge you a fee to return your personal property to you. So, while you might be liable for fees related to the repossession and auction, as well as storage, of the car, you don't have to pay a "convenience fee."
Talk to a Lawyer
If a repossessor took your personal belongings and refuses to return them, consider talking to a local attorney to learn about your different options. You might have a claim against the lender for damages. You may also use that as a defense if the lender later sues you for a deficiency judgment after the car repossession.
You can also complain to your state attorney general's office or state consumer protection agency if a repossession agent or car loan lender violates the law.
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