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What is Texas law regarding auto repossession?

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Quick Answer

Texas law states that a vehicle may be repossessed if the payment is late, without notice, and that the financier does not need to appear in court to order a repossession. Although it appears the financier has more rights than the debtor, the debtor has some rights as well.

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Full Answer

Terms and conditions of a vehicle purchase or lease are clearly spelled out in the contract or lease agreement. Under this agreement, late or missed payment information will reveal what will happen when a payment is late or missed.

In Texas, repo men do not need a permit to operate. They are usually paid after the repossession is complete and they have no voice in whether someone keeps their vehicle. However, depending on the agreement, it is usually possible to get the vehicle back if an agreement can be made with the bank or finance company. Repo men cannot damage property or disturb the peace during the repossession process. They also cannot physically harm or threaten in any way.

There are two ways to stop repossession in Texas. The first is to make a payment on the vehicle and come to an agreement with the finance company. The second is to file bankruptcy. In Texas, bankruptcy will halt the repossession process and allow a person to keep his vehicle.

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