Texas Repossession Law: 60-Day Redemption Period for Repossessed Vehicles
In Texas, if your vehicle is repossessed, you have a statutory right of redemption for 60 days under the Texas Business and Commerce Code (§ 9.623).
How It Works
- Trigger: Creditor takes possession (self-help repo or court order).
- Notice: Creditor must send written notice of disposition (sale) within a reasonable time.
- Redemption window: 60 days from repossession (or from notice, whichever is later, per case law).
- To redeem: Pay full outstanding balance + repossession fees + storage fees + attorney's fees (if contract allows).
After 60 Days
Creditor may sell the vehicle at a commercially reasonable public or private sale. You'll receive notice of sale (at least 10 days prior for public). Proceeds apply to debt; deficiency balance may be pursued. Surplus (rare) returned to you.
Critical Nuances
- No "cure" period for missed payments before repo (unlike some states).
- Breach of peace during repo = illegal; you may sue for damages.
- Personal property in car must be returned (no fee).
- Bankruptcy (Ch. 7/13) filed before sale = automatic stay; may recover vehicle.
Action Steps
- Contact lender immediately; negotiate reinstatement or redemption.
- Demand accounting of fees.
- Consult a consumer lawyer (NACA, Texas Legal Aid) — deadlines are strict.
- Document everything.
The 60-day clock starts at repossession. Don't wait.