Bills Logo

Will the Right of Reinstatement Help Me Get My Truck Back?

image alt text
Mark Cappel
UpdatedDec 6, 2022
When a truck is repossessed, will anybody else refinance the remaining balance? I have a poor credit score.

When your truck is repossessed, will anybody else refinance the remaining balance? I have a poor credit score.

Let me paraphrase your question so that the facts you presented a bit clearer to me. It appears that you you had a vehicle loan, got behind on your payments and the creditor (the finance company or bank) repossessed the vehicle. You have poor credit, and want to know if there are companies willing to lend people in your situation enough to pay-off the loan so that you can take possession of the vehicle again.

First, before we discuss the loan, you need to determine if your state allows consumers the "right of reinstatement" in vehicle loans. The right of reinstatement allows a borrower who can catch up on the delinquent balance as well as the late fees, collection costs, and repossession costs to reclaim his vehicle. Some states not allow a right of reinstatement and others do not.

Because you did not include your state of residence in your message I cannot say whether your state allows a right of reinstatement. Therefore, I urge you to consult with an attorney in your state who has experience in consumer law and ask about this issue. If your state does not allow a right of reinstatement, then even if you could get a loan somewhere, it may be too late to get your truck back.

Below 500 Credit Score

Second, let us discuss the loan. Generally speaking, the riskier the loan the higher the percentage rate you will pay on the loan. All other things being equal, a person with an 800 credit score will pay a lower APR for a given loan than a person with a 420 credit score, because the person with the 800 is a lower credit risk.

However, any credit score below 500 is considered extremely poor, so poor that most lenders will not work with you.

It will be hard to find anyone to lend you money to exercise your right of reinstatement, due to your very low credit score. If you do find anyone, be prepared to pay a very high interest rate. I do not have a specific recommendation for where you can find such a loan because I have not worked with any of these types of lenders.

Deficiency Balance

Keep in mind that if you can't work out anything with your lender to get back your truck, then you will be on the hook for the deficiency balance. The truck will be auctioned off and you will still owe the difference between the auction price and your loan balance. You may also be liable for fees and penalties associated with the repossession and storage of your truck.

I hope this information helps you Find. Learn & Save.

Best,

Bill

bills.com

Debt statistics

Debt is used to buy a home, pay for bills, buy a car, or pay for a college education. According to the NY Federal Reserve total household debt as of Q2 2022 was $16.15 trillion. Auto loan debt was $1.50 trillion and credit card was $0.89 trillion.

According to data gathered by Urban.org from a sample of credit reports, about 26% of people in the US have some kind of debt in collections. The median debt in collections is $1.739. Student loans and auto loans are common types of debt. Of people holding student debt, approximately 10% had student loans in collections. The national Auto/Retail debt delinquency rate was 4%.

Each state has its rate of delinquency and share of debts in collections. For example, in New Jersey credit card delinquency rate was 3%, and the median credit card debt was $430.

Avoiding collections isn’t always possible. A sudden loss of employment, death in the family, or sickness can lead to financial hardship. Fortunately, there are many ways to deal with debt including an aggressive payment plan, debt consolidation loan, or a negotiated settlement.

SHOW SOURCEarrow-down

2 Comments

AAlex, May, 2013
I traded in my used car for new one, dealer paid it off. New car loan can't get approved. Dealer wants to re-instate my original car loan. What action do I need to take? Is this legal in my Cerritos California? Do I have to go thru another contract to get the loan reinstated?
BBill, May, 2013
Read the Bills.com Q&A at Do Not Qualify for Vehicle Financing, and in particular the "Bait and switch financing" section on that page. Please ask any follow-up questions you may have on that page.