Car Repo Get Car Back

Car Repossession in Memphis, Tennessee

Your Rights, Your Options, and How to Get Your Car Back

If you live in Memphis or anywhere in West Tennessee and your car has been repossessed—or you’re just starting to fall behind—you still have rights. Tennessee repossession laws give lenders strong powers, but you also have legal protections that can help you stop a repo, get a vehicle returned, or wipe out the debt, especially through filing a bankruptcy.

This page explains exactly how car repossession works in Tennessee, what repo agents are allowed to do, how fast auctions happen, and how Chapter 13 bankruptcy filed in the Memphis Bankruptcy Court can help you keep or recover your vehicle.

If you need immediate help, contact Arthur Ray Law Offices for a confidential bankruptcy consultation.

How Car Repossession Works in Tennessee

In Tennessee, most auto loans are secured loans, which means the vehicle is collateral. If you miss payments or violate your contract (such as letting insurance lapse), the lender can declare you in default.

Under Tennessee’s “self-help” repossession laws, lenders can take your vehicle without warning and without filing a lawsuit, as long as the repo is peaceful.

This means your car can be repossessed from:

• Your driveway
• Your workplace
• A store parking lot
• At night or early morning

Repo companies in Memphis act fast. Once the lender makes the decision, a tow truck may show up within hours or days.

What Repo Agents Can and Cannot Do in Tennessee

Allowed

Repo companies may:

• Take your car from an open driveway or parking lot
• Tow the vehicle when you are not present
• Repossess at night
• Remove the car as long as it is peaceful

NOT Allowed – “Breach of the Peace”

Repo agents may not:

• Use force or threats
• Break into a locked garage
• Damage property to access the car
• Physically remove you from the vehicle
• Continue the repo if you calmly and clearly object

If you believe the repo was illegal or involved damage or force, speak with an attorney immediately.

After the Repo: The 10-Day Letter

After repossessing the vehicle, most lenders must send you a post-repo notice, often called a “10-day letter.”
This notice explains:

• How the car will be sold (dealer sale or auction)
• The date of sale or earliest sale date
• How much you must pay to redeem the vehicle (usually full balance + fees)

You normally have 10 days or less to act before the vehicle is sold. Once the auction happens, getting the car back becomes almost impossible.

Deficiency Balances in Tennessee

Cars sold at auction usually bring less than the loan balance.  The unpaid amount is called a deficiency balance, and lenders often:

• Send it to collections
• File a lawsuit
• Seek a judgment against you
• Attempt wage garnishment

Bankruptcy is one of your options to help eliminate or manage this debt.

Can You Get a Repossessed Car Back in Memphis?

YES — but timing is everything. If it has not been 10 days yet, and the car has NOT been, Chapter 13 bankruptcy can often force the lender to return the vehicle.

How Chapter 13 Helps You Get the Car Back

When a Chapter 13 is filed:

• The automatic stay stops the sale or action against the vehicle
• Your attorney notifies the lender ASAP to see what the process would be to get it back
• Most Memphis lenders return the vehicle without a fight or extra court dates
• If they refuse, your attorney can request a turnover order from the Bankruptcy Court
  

If the auction already occurred, you generally cannot recover that specific vehicle—but you still have options for the debt.

Financed vs. Leased Cars

Chapter 13 usually works best for financed cars.
Leased vehicles are harder to recover because the title stays with the leasing company.

If you are not sure whether your agreement is a lease or purchase, bring your paperwork to your attorney right away for review.

How Bankruptcy Helps Stop or Reverse Repossession

Chapter 13 Bankruptcy in Memphis

Chapter 13 is the strongest legal tool to save a vehicle. It can:

• Stop repossession immediately
• Force a lender to return a recently repossessed vehicle
• Allow you to catch up missed payments over 3–5 years
• Reduce interest rates
• Lower monthly payments
• “Cram down” the balance if car was purchased longer than 910 days ago.

This means that most people pay less in Chapter 13 payment plan than they were paying before.

Chapter 7 Bankruptcy in Tennessee

Chapter 7 is best when the vehicle has already been sold or when you simply cannot afford to keep the car.

Chapter 7 can:

• Wipe out deficiency balances
• Eliminate credit cards
• Eliminate medical bills
• Stop lawsuits and collections

It gives you a fresh start and the ability to eventually finance a new vehicle.

What to Do Immediately If You’re Behind on Car Payments

If you live in Memphis, Shelby County, Tipton County, Fayette County, or nearby areas:

1. Gather all loan paperwork
2. Do NOT confront repo agents
3. Do NOT ignore lender letters or calls
4. Call a Memphis bankruptcy lawyer ASAP to see about a consultation
5. The faster you act, the higher the chance you keep or get back your car

Talk With a Tennessee Bankruptcy Lawyer in Memphis

You do not have to face repossession alone. You may have more options than you realize to save your vehicle and stabilize your finances.

To discuss how Chapter 13 or Chapter 7 can help you stop repossession or get your car back, contact Arthur Ray Law Offices today to schedule a confidential consultation.
Call now 901-475-8200

Frequently Asked Questions

Can bankruptcy stop a car repossession in Tennessee?

Yes. Filing Chapter 13 or Chapter 7 immediately triggers the automatic stay, which stops repossession and collection efforts.

Can I get my repossessed car back?

If the car has not been sold and only a short time has passed, Chapter 13 often allows you to recover the vehicle back and get on a payment plan under the bankruptcy terms.

How long before my car is sold at auction?

Most auctions occur 7–14 days after repossession, but some happen sooner. It’s critical to act fast.

Will bankruptcy remove repo deficiency debt?

Yes. Chapter 7 can eliminate the deficiency balance completely. Chapter 13 can structure how it is paid back to save you a lot of money  by not paying it in full or with interest most time.

 

 

^*For those who qualify under federal law.