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.
By Margaret Reiter, Attorney · UCLA School of Law
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If a repossessor takes your motor vehicle, you're entitled to get back all your personal belongings inside of, but not attached to, the vehicle when it was repossessed. This means that you can get back your personal items, such as gym shorts, but not the $500 sound system you installed (for example). You are entitled to a removable radio, however.
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.
This obligation 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
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 Man Refuse to Return My Personal Belongings Until I Pay a Convenience Fee?
While you might be liable for fees related to the repossession and auction of the car, a "convenience fee" is not one of them.
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 creditor for damages. You may also use that as a defense if the creditor later sues you for a deficiency judgment after the car repossession.
