Vehicle Repossession Laws in Texas

Texas provides laws for car repossession.texas map image by Vladislav Gajic from Fotolia.com

The laws that govern vehicle repossession differ from one state to another. The individual fees, circumstances, and even whether repossession is allowed, all vary. In the state of Texas, for instance, your creditor can repossess your car under the proper circumstances. There are, however, many other things creditors can and can't do, according to the Lone Star state.

Peaceful Repossession

The main component of repossession law in the state of Texas (as well as in a variety of other states) is that the repossession must be conducted peacefully. Under no circumstances may the representatives of the creditors (the "repo" men) use violence or the threat of violence to repossess a vehicle. Whether the keys to the vehicle are just handed over by the owner, or the repo men come onto a person's property and take the vehicle when the owner isn't around, both qualify as peaceful repossession.

When a vehicle is repossessed by a creditor, the license plates on the vehicle must stay with the vehicle. In other states, such as Florida, the vehicle tags are left with the debtor. The logic there is that the debtor paid for the license plates, so the plates should be left with him in case he wants to transfer the plates to another vehicle. In Texas, however, the plates stay with the vehicle when it's repossessed, which is a huge burden off the repo man, who doesn't have to put a new plate or temporary plate on a repossessed vehicle.

In Texas, personal property that you left in the vehicle is still yours and cannot be repossessed by the creditor along with your car. So if you have a portable GPS, CDs, or a coat that you left in your car, you're entitled to get it back. On the other hand, if you made upgrades to your vehicle, such as a new stereo system or a luggage rack on top, those improvements may be repossessed along with the vehicle because they are now an actual part of the vehicle.