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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 55605
Experience:  32 years of experience practicing law and a businessman.
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Ho do i legally reposes vehicle from my customer who is late

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Ho do i legally reposes vehicle from my customer who is late on payments in state of texas ? thanks

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Do you have a security interest in the vehicle?

Customer: replied 4 years ago.


yes i do he only paid 500 down and never did any other payments his phone is off and gave me wrong address where he suppose to be living

Thanks. You can then go take the car yourself (or have a repossession company repossess it for you). I have provided you the actual statute giving you this authority below. In doing the repossession, you are not allowed to breach the peace and you are not allowed to break and enter to get the vehicle.

Search TEX BC. CODE ANN. § 9.623 : Texas Statutes - Section 9.623: RIGHT TO REDEEM COLLATERAL

(a) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.

(b) To redeem collateral, a person shall tender:

(1) fulfillment of all obligations secured by the collateral; and

(2) the reasonable expenses and attorneys' fees described in Section 9.615(a)(1).

(c) A redemption may occur at any time before a secured party:

(1) has collected collateral under Section 9.607;

(2) has disposed of collateral or entered into a contract for its disposition under Section 9.610; or

(3) has accepted collateral in full or partial satisfaction of the obligation it secures under Section 9.622.



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Thanks for allowing me to be of service to you. Please be
aware that the information provided here is not legal advice. Rather it is
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Customer: replied 4 years ago.
his payment due was two months ago how long time do I have to wait by law before repossession take place.or I could reposses it as soon as he was late on his first payment two months ago?
You can repossess it as soon as the borrower is in default.
Customer: replied 4 years ago.

and iassume if he late more than 24 hours that can be considered in default? right ?

I don't know whether your loan has a right to cure in it. But before you repossess it, you should first give a notice of default, a short period of the right to bring current, and then if that period passes, you can repossess.
Customer: replied 4 years ago.

how do i give him a notice of default if i have no way to get in touch with him ?


 

You can send it to the last known address.
Customer: replied 4 years ago.

thanks certifed mail right ?


 

Customer: replied 4 years ago.

thanks certified mail right ?


 

Correct. Or, by independent courier who can verify it was posted at the address if they do not answer so you have independent verification of time and delivery.
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