If you fall behind on a title loan, your car may be repossessed and later sold under your state’s law and your loan agreement.
Repossession rules differ by state, including how soon repossession can happen and whether you may still owe money after the vehicle is sold.
In Florida, for example, state law generally allows repossession only after 30 days with no payment past the loan’s maturity date, meaning its final due date, or past an agreed extension.
In California, state law gives you at least 15 days’ written notice before a repossessed vehicle can be sold, but those 15 days are not a grace period before repossession.
During that period, you may be able to get the vehicle back by paying the amount required under state law.
A title loan is secured by your vehicle. If you do not make your payments as agreed, the vehicle may be repossessed.
Key Takeaways
- Your state and agreement set the timing. Virginia requires 10 days’ written notice, and Texas lets the lender act after default without advance warning.
- Call early, even if you’re already late. Some lenders may agree to an extension, so ask what you can do.
- Taken does not mean sold. Depending on your state, you may be able to get the car back before the sale.
- A sale may not clear your loan. You may still owe the rest in California and Texas, but not in Florida, Georgia, and others.
- Extra sale money is not always yours. In California and Florida, you get it back. In Georgia, the lender keeps it.
Think You May Miss a Payment?
If you have a loan through Swift Title Loans and think you may miss a payment, contact us as soon as possible, preferably before the payment is missed or the vehicle is taken.
The earlier you contact us, the more time you have to understand your account and any options available under your agreement and state law.
If another lender holds your loan, contact them early as well.
How Long Before a Title Loan Repossession Can Happen?
Some states make the lender wait. Florida gives you 30 days past maturity or an extension, Georgia a 30-day grace period, and Virginia 10 days’ written notice.
In California and Texas, the lender may act once your loan is in default. That could be after one missed payment if your agreement says so.
| State | When the car can be taken |
|---|---|
| California | Once missed payments put the loan in default |
| Florida | After 30 days past maturity or an extension with no payment, only through a licensed repossession agent |
| Texas | After default, without advance warning |
| Georgia | After the 30-day grace period |
| Tennessee | After default |
| Virginia | After 10 days’ written notice |
| South Carolina | After default |
| Utah | After default |
| Ohio | Your agreement sets this |
| Indiana | After default |
Disclaimer: These are short summaries, so your agreement and your state’s current law decide your dates.
A warning before the car is taken is not something to count on, so hearing nothing from your lender does not mean nothing is happening with your loan.
What Can You Do Before Your Car Is Taken?
The longer a payment stays late, the fewer options you may have.
We can explain your balance, whether your loan is in default, and what options may be available to bring the account current.
We cannot promise that repossession can always be stopped, but acting early gives you more time to understand your choices.
Whether your loan is with Swift Title Loans or another lender, ask:
- How much do I need to pay now?
- Is my loan already in default?
- When could repossession happen?
- Can I bring the loan current?
- If my car has already been taken, can I still get it back?
The CFPB found that about one in five borrowers with single-payment title loans had their vehicle seized after failing to repay.
That figure does not apply to every type of title loan, but it shows why acting early matters.
Bringing your account current may stop a repossession, depending on your agreement and state law.
The FTC warns that a lender may repossess even if you’ve been making partial payments.
Some lenders may agree to an extension or a revised payment plan, so ask and get it in writing.
The FTC says rolling over adds more interest and fees.
How Do You Get Your Car Back After a Title Loan Repossession?
You may get your car back if you pay what’s required before it’s sold, under your state’s law.
Repossession and sale are different steps, and the time between them is when you can still act.
Title loan lenders usually add repossession and storage costs as your agreement and state law allow, so you could pay more than your balance.
If your car has already been taken, follow these steps in order:
- Contact us, or the lender that holds your loan, today, so you know where your account stands.
- Read every repossession notice as soon as you receive it, and note the dates, because some deadlines are short.
- Ask in writing for the exact amount to get the car back and the sale date.
- Ask for your belongings in writing, even if you can’t pay right away.
| State | Notice before the sale | Getting the car back |
|---|---|---|
| California | At least 15 days in writing, itemized balance | Pay it off; a written request adds 10 more days |
| Florida | At least 10 days in writing, with sale details and accounting | Pay the amounts in the notice before the sale |
| Texas | Reasonable notice before selling | Ask the lender what to pay, by when |
| Georgia | Ownership ends after the grace period | Pay within the grace period |
| Tennessee | See your notice | 20 days to pay, no added interest or fees |
| Virginia | An accounting of the amount to redeem | That accounting shows the amount to pay |
| South Carolina, Utah, Ohio, Indiana | Your notice and agreement set the steps | Ask in writing what to pay, by when |
What Is the Difference Between Redeeming and Reinstating?
Redeeming means paying what’s required to get your car back before it’s sold.
Reinstating means catching up your missed payments plus the lender’s repossession costs, so the loan keeps going. Not every state allows it.
What Happens to Your Belongings in the Car?
If you think your car could be repossessed, take these out of it now:
- Important documents
- Medication
- Work equipment
The FTC says a lender can’t keep or sell personal items until a set time has passed, which varies by state.
Will You Still Owe Money After the Car Is Sold?
You may still owe after the sale, but only if your state’s law allows it. A shortfall, or deficiency, is what’s left if the sale brings less than you owe.
If your state’s law allows a shortfall, the FTC says a lender that followed the rules can sue for it, so read any letter about a balance carefully.
If a repossession was not handled properly, keep every notice and contact your state’s financial regulator, your state attorney general, or a local legal aid office.
A written accounting shows what the car sold for and where the money went, so ask for one.
| State | If the sale brings less than you owe | If the sale brings more |
|---|---|---|
| California | May be owed, only with notice within 60 days of repossession | Returned within 45 days, with a written accounting |
| Florida | Cannot be collected; no personal liability | Returned within 30 days |
| Texas | May be owed | Ask the lender |
| Georgia | Cannot be collected; no personal liability | Kept by the lender |
| Tennessee | Cannot be collected | Ask the lender |
| Virginia | Cannot be collected; a personal money judgment only in specific cases | Ask the lender |
| South Carolina | Cannot be collected | Ask the lender |
| Utah | The lender may not pursue any balance | Must be returned |
| Ohio | May be owed, limited to the originally contracted loan amount | Ask the lender |
| Indiana | May be owed | Ask the lender |
What Does the Same Sale Look Like in Different States?
Based on our lending experience:
- Most California title loans funded through Swift Title Loans range from about $2,800 to $6,000.
- Most Florida title loans funded through Swift Title Loans range from about $800 to $3,100.
- Most of the Georgia title pawns Swift Title Loans funds land between about $500 and $2,500.
These are examples of past loans, not a promise of what you will receive. Your amount depends on your vehicle’s value, your ability to repay, and your state’s law.
We use $3,000 here because it falls within the California and Florida ranges and above Georgia’s.
So say you owe $3,000 and the car sells for $2,000 or for $4,000, before any repossession or sale costs:
| State | Car sells for $2,000 | Car sells for $4,000 |
|---|---|---|
| California | $1,000 may still be owed, if notice was given on time | $1,000 comes back to you |
| Florida | Nothing more can be collected | $1,000 comes back to you |
| Texas | $1,000 may still be owed after the $2,000 sale | |
| Georgia | Nothing more can be collected | The lender keeps the extra $1,000 |
Disclaimer: The $3,000 balance and both sale prices are made up to show how the state rules work.
Frequently Asked Questions
Can a Repossession Agent Take Your Car From Your Driveway?
Yes, under your state’s law a repossession agent may take a car from a driveway after default, but not through a breach of the peace.
In some states, the FTC says, breaching the peace includes using physical force or threatening to use force. Either way, don’t physically confront the agent.
Can You Hide, Sell or Transfer the Car to Avoid Repossession?
No, don’t hide, sell, transfer, or damage the car to get around the lender’s legal claim on it.
Instead, contact us, or the lender that holds your loan, to learn where your account stands and what your options are.
Can You Give the Car Back on Your Own?
You may be able to give the car back yourself, and the FTC says that may reduce fees. You could still owe a shortfall if your state’s law allows it.
Before you return the car, ask the lender how it would treat your account, and get the answer in writing.
Does a Repossession Show Up on Your Credit Report?
A repossession may show up on your credit report if your lender reports to the credit bureaus, and not every title loan lender does.
The FTC says a creditor may put the late payments or the repossession on your credit report, even after a voluntary repossession, so see how title loans and credit reports work.
