Vehicle Repossession

When you finance or lease a car, truck, or other vehicle, your creditor or lessor holds important rights on the vehicle until you have paid off your obligation.  These rights are established by the contract you signed and by state law.  If you fail to make payments on time or default on your obligations under the contract in any way, the creditor or lessor may have the right to repossess your vehicle.

O.C.G.A. § 10-1-36[1] provides the respective rights of the buyer and seller following the repossession of a motor vehicle sold under a retail installment contract. 

O.C.G.A. §§ 44-12-131 and 44-12-138 cover repossession of motor vehicles following a title pawn transaction.

For a more detailed discussion on motor vehicle repossessions, please visit  https://www.consumer.ftc.gov/

For directions on obtaining a title for a repossessed vehicle, please visit https://dor.georgia.gov/motor-vehicles/titles-motor-vehicles

[1] To access the laws cited in this article or any part of the Georgia Code, please visit the Georgia General Assembly and type in the relevant Code Section (e.g., “10-1-36”) into the provided search bar. (Links off-site)

The Code is provided by the State of Georgia from the Georgia General Assembly's website. In viewing the Code, please be aware that legislation passed during the most recent legislative session may not yet be posted on LexisNexis.