When They Take The Car Back
12 Pa.C.S. 6251 — no breach of the peace, a written notice, and 15 days before the sale
In Pennsylvania, when a buyer under a motor vehicle installment sale contract defaults in payment, or commits another breach the contract makes a ground for repossession, the seller or holder may retake the vehicle.
No breach of the peace. Unless the vehicle can be retaken without a breach of the peace, it is retaken by legal process. Without legal process, only the holder, its officials or full-time employees, a licensed collector-repossessor, the original seller, or a licensed seller or sales finance company acting as an occasional accommodation may do it.
Written notice at once. After a repossession without legal process, the holder immediately furnishes a written notice of repossession, in person or by registered or certified mail, stating the right to reinstate if offered, an itemized amount to redeem, the intent to resell after 15 days from mailing, where the vehicle is stored, and that personal property left in it is held for 30 days.
Belongings. The buyer may reclaim personal property left in the vehicle within 30 days of the mailing of the notice; after that the holder may dispose of it.
Costs. The buyer is liable for the costs of retaking, storing and repairing the vehicle only if the default exceeded 15 days, and the costs are actual, necessary, reasonable and documented.
The deficiency. If the resale does not cover what is owed, the holder may recover the deficiency, crediting the higher of the resale price or the vehicle's reasonable value, and within 30 days after the sale it sends a deficiency notice with the sale price, the itemized costs and the amount claimed.
| The assumption | What the law actually does |
|---|---|
| The assumptionA repossession company can take the car any way it can | What the law actually doesNot with a breach of the peace; then it takes legal process |
| The assumptionWhatever was in the car is gone | What the law actually doesPersonal property may be reclaimed within 30 days of the mailing of the notice |
Leases, commercial purchases, title loans and bankruptcy are not all on this page. What a particular situation carries is a question for a licensed Pennsylvania attorney.
Sources for this section (6)
- 12 Pa.C.S. 6251 — Repossession authorized
- 12 Pa.C.S. 6252 — Who may repossess
- 12 Pa.C.S. 6254 — Notice of repossession
- 12 Pa.C.S. 6255 — Personal property in repossessed motor vehicle
- 12 Pa.C.S. 6256 — Buyer's liability for costs
- 12 Pa.C.S. 6261 — Deficiency judgment
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.