Motorcycle Repossession Laws
- A repossession agent must not breach the peace when repossessing a motorcycle.motorcycle image by Bionic Media from Fotolia.com
The law allows a lender to repossess any motorcycle that is in default by the debtor. A default occurs when the debtor fails to make the agreed upon payments in a timely manner. A default may occur if the debtor is even one day late with a payment, depending on the terms of the loan agreement. According to the Better Business Bureau, a lender does not have to give the debtor prior notice before repossession occurs. - The repossession agent must personally deliver the notice of repossession along with the motorcycle's license plates to the police or Department of Motor Vehicles in the state that the repossession occurs. He may also send them by special delivery or first class mail. According to Law Dog.com, a notice of repossession must also be given to the debtor. This must be done in person or by registered mail within 24 hours following repossession of the motorcycle.
- Repossession agents must not breach the peace when taking a motorcycle back from a debtor. Repossession agents are allowed by law to remove the motorcycle from public parking lots or driveways. However, entering a locked garage or gate would constitute a breach of peace during repossession. If the motorcycle cannot be repossessed without a breach of peace, the repossession agent may request the debtor make the motorcycle available for repossession in a mutually agreeable place.
- Debtors may redeem the motorcycle after repossession by paying the full amount due on the loan, as well as any expenses incurred during the repossession of the motorcycle. This may include storage of the motorcycle, arranging for its sale and attorney's fees. The debtor must pay this amount before the sale of the motorcycle is arranged.
- Lenders have the right to sell the motorcycle after repossession if the debtor fails to redeem it. Once the motorcycle is sold, the proceeds from the sale must be added to the repossession expenses and attorney's fees. The remaining proceeds are then added to the debt remaining on the motorcycle. The debtor is liable for any deficiencies of the loan, once the motorcycle is sold. The lender has the right to sue the debtor for any deficiencies that remain on the loan.