Can my car be repossessed without any notice at all if I did not reaffirm the note at the time of my Chapter 7?

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Can my car be repossessed without any notice at all if I did not reaffirm the note at the time of my Chapter 7?

My bakruptcy was discharged 2 years ago. I was told by the credit union that they were “not allowed” to contact me at all regarding my loan since it had not been re-affirmed. I have made all payments (except 1 that I didn’t realize I had missed 3 months ago) since the loan was initiated 2 years ago. A tow truck showed up at my place of employment and took the car. Also, of note, I owe much less than the car is currently worth.

Asked on June 13, 2012 under Bankruptcy Law, California

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

Yes, they can repossess under these circumstances.  Typically the only creditors that do this are Ford and Chrysler, but in the absence of a reaffirmation agreement, they can repossess even if you're current with the payments.  As far as what notice is required, that depends on state law and you'd need to discuss that with a collections attorney or someone who deals with vehicle repos.


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