Legal Question in Credit and Debt Law in Pennsylvania

Can they repossess my car?

I am only 19 days late with my car payment. They say there is no grace period and I am in default (my contract doesn't address a grace period). If it is in the garage and I am not home, can they come on our property and demand my husband or son turn it over to them? What if I am out of town, but the car is still locked in the garage? I will have the money next week; however, they won't wait even though I have been very ill and just had surgery. It is almost paid off and I think they just want to get as much from me as possible. They did not notify me by certified mail or with any court document. I have not been home at all. What if noone answers the door? How many days notice were they supposed to give me?


Asked on 1/29/05, 2:40 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Can they repossess my car?

They cannot "Breach the Peace" to obtain the vehicle by repossession. Your husband and son should know not to let anyone in the house and that the garage should be locked and if possible alarmed. They can tresspass but must desist if caught in the act. While a repossession can occur any time after a payment is late. The law requires that if is within 15 days the lender must give the vehicle back upon payment and may not charge any costs associated with repossession. At 19 days they can reposess if they have followed the steps in the statute. I offer free consultations.

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Answered on 1/29/05, 5:06 pm


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