Repossession Laws in Georgia
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Repossession is the process of taking back a car after the owner defaults on their auto loan. Each state has different laws and regulations that dictate every step of the repossession process from start to finish. This page will provide an overview of Georgia's Repossession Laws and what you should know if you've fallen behind on car payments.
Written by Upsolve Team.
Updated August 27, 2025
How Many Payments Can I Miss Without Risking a Repossession in Georgia?
In Georgia, missing just one payment can put you at risk of repossession. State law allows lenders to take back your car as soon as you’re in default.
Your loan contract will spell out exactly what “default” means. Some lenders may allow more than one missed payment or give you a short grace period before you’re considered late. But once the payment is officially late under your contract, the lender has the right to repossess the vehicle.
That said, most lenders don’t repossess right away. Repossession costs them time and money, so many will wait until you’re further behind before taking action. Still, it’s important to know that they could move forward after just one missed payment.
If your car is repossessed, you can still get it back any time before it’s sold. To do that, though, you’ll have to pay off the entire loan balance in full, not just the missed payments.
Will I Be Notified Before the Repossession? How?
No. In Georgia, lenders don’t have to warn you before repossessing your car. As soon as you’re late on a payment, they can legally take the vehicle without giving advance notice.
After your car is taken, the lender must send you a letter within 10 days. This notice will explain that your car has been repossessed, how much you need to pay (including repo fees) to get it back, and how much time you have to do so.
How Can I Prevent a Repossession?
The best way to prevent a repossession is to understand your loan contract, stay up to date on payments, or contact your lender if you're struggling to pay on time. In Georgia, your contract sets the rules for when and how a repossession can happen. Check whether it allows you to miss any payments and if there’s a grace period for late payments.
If you know you’ll have trouble making payments, contact your lender right away. Many lenders will consider giving you an extension or setting up a different payment plan, especially if you reach out before you miss a payment.
What Can Repo Companies in Georgia Do?
Repo companies don’t need to provide any notice before seizing your vehicle, but they must abide by the following rules:
They can’t enter your home or garage to get the vehicle without your permission. They can go on your property to get your car if it’s parked somewhere like the driveway so long as it’s not behind a locked gate.
The repo company also isn’t allowed to breach the peace when repossessing your car. This means they aren’t allowed to use or threaten violence.
They aren’t allowed to trick you into bringing your vehicle to a repair shop and then seize it there. For example, they aren’t allowed to issue a fake recall notice and when you show up for the repair, they seize the car. If you take your car in for a routine repair, they can seize your car while it’s at the shop.
If a repo company doesn’t follow the law, you can get legal advice on how to take action against the repo company and lender.
Just as repo companies aren’t allowed to breach the peace, borrowers can’t either. If you physically prevent the repo company from taking your car or use the threat of violence to stop repossession, you’re breaking the law.
What About the Personal Property in My Car?
If you know you're at risk of repossession, it's a good idea to remove your personal property from you car. This will prevent you from having to track down your belongings after the car is repossessed.
If the repo company has seized your car with your personal property in it, the notice you receive after your car is repossessed should tell you how to get your belongings. T
he repo company must allow you to come get your stuff. It’s also required to keep your stuff for up to 60 days. If the repo company won’t respond to you or let you come get your stuff, reach out to the lender.
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What Happens After a Repossession in Georgia?
Once your car is taken, the lender will sell it at auction. The notice you receive after your car is repossessed will tell you when the auction is, so you can try to purchase the car before then if you want to.
To do this, you’ll have to pay the full balance remaining on the loan, not just the payments you’ve missed, and you’ll need to pay any repossession or lender fees.
If someone buys the car for less than the full balance on the loan, you’re responsible for the remaining balance. This is known as the deficiency balance. It’s calculated by subtracting the balance due on the loan (plus additional repo costs) from the amount the car is sold for at auction.
Your lender is required to sell your repossessed vehicle in a commercially reasonable manner. That means they must properly advertise the auction and run it appropriately to receive all reasonable bids.
If you have an upside-down car loan, you’re likely to owe more on your deficiency balance. An upside-down car loan is when you owe more on the loan than the car is worth. As a result, the auto sale won’t cover much of the outstanding balance.
The lender needs to sue you and get a deficiency judgment from a court order to collect on the balance. You can present defenses in this lawsuit. The main defense you can give is that your car wasn’t lawfully seized or was damaged due to the repo company’s action, so you shouldn’t need to pay for that damage. This is where you can also raise a claim that the lender didn’t sell your car in a commercially reasonable manner. The court that is hearing your case can direct you to the forms you need to fill out to file an answer and raise your defenses.
Do I Still Owe After a Repossession in Georgia?
You’re likely to still owe money after the car is sold. You’ll owe what’s left on the loan after the sale. You’ll also have to pay any costs from the repo process, such as repo fees or anything else the repo company does to seize your car.
You can do a voluntary repossession, which means you voluntarily surrender your car to the lender. This can help you minimize the balance you’ll have to pay, but you’ll still have to pay any deficiency balance. In a voluntary repossession, the lender doesn’t have to hire a repo company, so you won’t have to pay those additional costs.
Can I Get My Car Back After a Repossession in Georgia?
You can buy your car anytime up until it’s sold at auction. The notice that is mailed to you after your car is repossessed will tell you what you have to pay to get your car back. Georgia law doesn’t give borrowers a set amount of time to redeem their vehicle before it’s sold at auction, so you just have until the date6 of the auction.
