Financial Planning and Analysis

What Happens If You Can’t Make Car Payments?

Navigate the complexities and understand your options if you're struggling to make car payments.

Facing difficulties with car payments is a common and often stressful situation. Financial circumstances can change unexpectedly, making it challenging to meet regular obligations. Understanding the potential events that can unfold when car payments become unmanageable is important for navigating these times and making informed decisions.

Initial Consequences of Non-Payment

Missing a car payment triggers immediate actions from the lender and credit reporting agencies. Late fees are applied, usually a percentage of the overdue amount or a flat fee, commonly $15 to $50. These fees are added directly to the outstanding balance, increasing the total amount owed.

Lenders initiate communication quickly after a payment is missed, often within days. Borrowers can expect calls, emails, and letters reminding them of the overdue payment and accumulating late fees. These communications attempt to collect payment and discuss the borrower’s financial situation.

After 30 days, lenders report the missed payment to major credit bureaus (Experian, Equifax, TransUnion). This immediately lowers the borrower’s credit score, with the impact depending on prior credit history. A single missed payment can reduce a credit score by 50 to 100 points or more, signaling increased risk to future creditors.

Understanding Repossession

Vehicle repossession is the lender’s legal right to reclaim the car when the borrower fails to uphold the loan agreement terms. This right is stated in the original loan contract. Repossession recovers outstanding debt when other collection efforts are unsuccessful.

Repossession is typically carried out by a third-party agency hired by the lender, though some lenders have in-house teams. Agents are authorized to seize the vehicle from public streets, driveways, or other accessible private property. They can take the vehicle without prior notice in many jurisdictions, but are prohibited from “breaching the peace,” like breaking into a locked garage or using physical force.

The timing for repossession varies significantly based on the loan contract and the lender’s policies, but it can occur after just one missed payment if the contract includes an acceleration clause. More commonly, lenders wait until a payment is 60 to 90 days past due before initiating repossession proceedings. Borrowers have specific legal rights during and after a repossession, such as the right to retrieve any personal belongings left inside the vehicle. Lenders are required to provide notice regarding how to claim these items, usually within a limited timeframe, often 10 to 30 days following the repossession.

Financial Outcomes After Vehicle Repossession

Once repossessed, the lender typically sells the vehicle, often through public auction or private sale, to recoup losses. Proceeds are applied to the outstanding loan balance. Before applying proceeds, the lender deducts all repossession and sale costs. These expenses include towing, storage, auction, and administrative or legal costs, often several hundred to over a thousand dollars.

A “deficiency balance” often arises if the vehicle’s sale price, after deducting expenses, is less than the remaining loan balance. For example, if a car with a $12,000 loan balance sells for $8,000 after $500 in repossession costs, the borrower still owes a $4,500 deficiency ($12,000 – $8,000 – $500). This remaining debt is legally owed to the lender.

Lenders actively pursue collection of any deficiency balance. This can involve direct collection efforts, turning the debt over to a third-party collection agency, or filing a lawsuit against the borrower. If a lawsuit results in a judgment against the borrower, the lender may pursue wage garnishment or place liens on other assets to satisfy the debt. A repossession has a significant negative impact on the borrower’s credit report, remaining for seven years from the date of the first missed payment. This severely affects credit scores, making it difficult to obtain new loans, credit cards, or secure rental housing, and often results in higher interest rates.

Actions to Consider Before Default

Proactive communication with the lender is important when anticipating car payment difficulties. Reaching out as soon as issues arise can open solutions not available once the account is in severe default. Lenders are more receptive to borrowers who address the problem early.

Several options are available to borrowers facing financial strain. A payment deferral allows skipping one or more monthly payments, typically added to the end of the loan term. Loan modifications, less common for auto loans than mortgages, can involve adjusting the interest rate or extending the loan term to reduce the monthly payment. Refinancing with another lender is an option if credit is in good standing, potentially securing a lower interest rate or a manageable payment.

Selling the vehicle independently can avoid repossession. If the car’s market value covers the outstanding loan balance, a private sale allows paying off debt and avoiding severe credit consequences. Voluntary surrender is another option, where the borrower returns the vehicle proactively. While this still results in a “repossession” notation and potential deficiency balance, it can help avoid additional fees from involuntary repossession and may be viewed more favorably.

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