The short version
- Confirm the vehicle was repossessed (not stolen) by calling your lender.
- Call the recovery agency to set a time to collect your personal belongings. Bring a photo ID.
- Ask your lender what it will take to get the vehicle back, in writing.
- Watch for the notice of sale. It tells you when the vehicle will be sold and how to get the redemption amount.
- After the sale, you may owe a deficiency, or be owed a surplus.
Finding out your vehicle has been repossessed is stressful, and it’s easy to feel like you’ve lost control of the situation. You haven’t. There are clear steps to take, and the sooner you take them, the more options you’ll have. This is what we tell people who call us after a recovery.
Step 1: Make sure it was repossessed
If your vehicle disappeared, call your lender first. They can tell you whether it was repossessed and which company has it. You can also call the police non-emergency line. If the lender says they didn’t order a recovery, then report it stolen.
If it turns out the vehicle was towed rather than repossessed (for example from an apartment lot), the steps are different. See Your Car Was Towed in Idaho.
Step 2: Get your personal belongings back
Anything personal in the vehicle (clothes, tools, documents, car seats, sunglasses, the gym bag you forgot about) isn’t the lender’s collateral. A professional recovery agency inventories those items when the vehicle is recovered, stores them, and returns them to you.
- Call the agency that recovered the vehicle to set a time. If it was us, call (208) 964-3081.
- Bring a photo ID. If someone else is picking up for you, ask what written authorization they’ll need.
- Don’t wait. Lenders and agencies often set a deadline for collecting property. Acting quickly avoids any question about it.
- Bring a list of what you believe was in the vehicle, so you can check it against the inventory.
What about things bolted to the vehicle?
Aftermarket stereos, toolboxes, lift kits, custom wheels and similar add-ons are usually treated as part of the vehicle, not as loose personal property. Whether you can remove them depends on your contract and your lender. Ask before assuming either way.
Step 3: Ask your lender the right questions
The recovery agency works for the lender and can’t change your loan. Your lender is the one to talk to. Ask:
- Exactly how much would it take to get the vehicle back, and by what date?
- Will you reinstate the loan if I catch up on the missed payments and fees, or do I need to pay the full balance?
- What repossession, storage and other fees have been added?
- Where is the vehicle, and how do I arrange its release if I pay?
- When and how do you plan to sell it?
Ask for the answers in writing, and keep notes of who you spoke with and when.
Your options for getting the vehicle back
Redeem it
Under Idaho Code 28-9-623, you can redeem the vehicle any time before the lender sells it, or signs a contract to sell it, by paying all the obligations it secures plus the lender’s reasonable repossession and storage expenses. In practice, that usually means paying off the loan.
Reinstate the loan
Some lenders let you catch up on the missed payments, plus fees, and resume the loan. This is a choice for the lender (or a right in some contracts), not a guarantee under Idaho law, but it’s always worth asking.
Let it go to sale
If you can’t or don’t want to get it back, the lender will sell it. Keep reading, because what happens at the sale affects what you owe.
The notice of sale
Before selling the vehicle, the lender must send you a notice (Idaho Code 28-9-611). For consumer loans, Idaho Code 28-9-614 says it has to include, among other things:
- A description of the vehicle and how it will be sold: at a public sale (with a date, time and place you can attend) or a private sale (after a certain date)
- A description of any liability you’ll have for a deficiency
- A phone number where you can find out the amount needed to redeem the vehicle
- A phone number or address for more information about the sale and the loan
Read it carefully and keep it. If it’s a public sale, you’re allowed to attend and bring bidders.
After the sale: deficiency or surplus
Under Idaho Code 28-9-615, the money from the sale pays the lender’s reasonable expenses of repossessing, storing, preparing and selling the vehicle first, and then goes toward your loan.
- Deficiency: If the sale doesn’t cover the expenses and the balance, the difference is a deficiency, which the lender may try to collect.
- Surplus: If the sale brings in more than you owe, the extra is yours.
The lender must sell in a commercially reasonable way (Idaho Code 28-9-610). If you think the vehicle was sold for far less than it was worth, you weren’t sent proper notice, or the recovery involved a breach of the peace, talk to an attorney. Idaho’s version of the UCC gives borrowers remedies when a lender doesn’t follow the rules. Idaho Legal Aid Services can help if cost is a concern.
Picking up the pieces
A repossession shows up on your credit report, but it doesn’t follow you forever. Paying or settling any deficiency, keeping your other accounts current and keeping your credit use low all help. If a deficiency goes to a collection agency, get any settlement in writing before you pay.
We’re here to help with your belongings
If C.A.R.S. of Idaho recovered your vehicle, call or text (208) 964-3081. We’ll set a time for you to collect your things, and we’ll treat you with respect. Want the bigger picture? Read How Vehicle Repossession Works in Idaho.
This article is general information about how things usually work in Idaho, not legal advice. Laws change, and your contract or situation may differ. Where we cite the Idaho Code, the official text is at legislature.idaho.gov.