Repossession Laws in West Virginia

How Many Payments Can I Miss Without Risking a Repossession in West Virginia? 

Even if you’re just one day late on a car payment, your lender may consider your loan in default. But under West Virginia law, your lender can’t repossess your car right away. They must wait until you're at least five days past due before starting the repossession process. 

📃 After that, they have to send you a written notice — called a right to cure notice — explaining that you’re in default. 

📅 This notice must give you at least 10 more days to catch up on the missed payment. During that 10-day period, the lender can’t repossess your car, sue you, or demand full payment of the loan.

If you’re behind or think you might miss a payment, it’s a good idea to contact your lender as soon as possible. Many lenders would rather work out a payment plan than deal with the cost and hassle of repossession.

Will I Be Notified Before the Repossession? How?

Yes. West Virginia law requires lenders to send you a right to cure notice at least 10 days before they can repossess your vehicle. 

👉 This notice must clearly explain that you're in default, how much you need to pay to bring your loan current, and the deadline to do so.

If you pay the full amount listed in the notice within those 10 days, your loan goes back into good standing. But if you’ve already defaulted on the same loan three or more times and received a notice each time, your lender may not have to offer you another chance to catch up before repossessing your vehicle.

How Can I Prevent a Repossession?

If you're behind on your car loan, taking action quickly can help you prevent a repossession. West Virginia law gives you a 10-day window to catch up after your lender sends a right to cure notice. If you pay the overdue amount within that time, the lender can’t legally take your car.

🤝 Even if you're not able to catch up right away, some people avoid repossession by working out a short-term solution with their lender. This could mean asking for a deferment, renegotiating the loan terms, or refinancing the loan through a different lender to make payments more affordable.

If you can’t afford the car and know you won’t be able to catch up, you can also consider voluntary repossession. This means you give the vehicle back willingly instead of waiting for the lender to take it. Voluntary repossession doesn’t erase the debt, but it can lower extra fees and give you more control over the situation.

If repossession is just one part of a larger financial struggle, filing Chapter 7 bankruptcy could offer a fresh start as well as some temporary relief. 

✋ When you file, the automatic stay goes into effect. This legal protection stops most collection actions, including repossession, and gives you some breathing room. Chapter 7 can also erase many types of debt and help you walk away from an unaffordable car loan for good. 

Upsolve offers a free online tool that helps you file for Chapter 7 bankruptcy on your own. It only takes a few minutes to see if you qualify.

What Can Repo Companies in West Virginia Do? 

Repo companies have a lot of leeway in West Virginia, but they’re still subject to some laws. Repo agents aren’t required to give you advance notice before taking your vehicle and don’t need to be licensed by the state.

They don’t need a court order unless the car is behind a locked gate or inside a secured area. In most cases, they can legally repossess the vehicle from your driveway, a parking lot, or other publicly accessible places.

🛑 However, they aren’t supposed to breach the peace during the repossession. That means they can’t use force, threaten you, or cause a public disturbance. 

What About the Personal Property in My Car? 

If you're behind on your car payments and at risk of repossession, it’s a good idea to remove your personal belongings from the vehicle. Repossession companies aren’t allowed to keep your personal items, but getting them back later can take time and may come with a fee.

If your car has already been repossessed, contact the company that took it as soon as possible. Ask how to retrieve your belongings and what, if anything, it will cost. 

📌 Keep in mind that anything permanently attached to the car — like a stereo system, spoiler, or bike rack — may not count as personal property. If it takes tools to remove, it’s usually considered part of the vehicle and may not be returned.

What Happens After a Repossession in West Virginia? 

After your car is repossessed, your lender might offer to settle the debt by keeping the car and applying its value to your loan. This is called a price guide value proposal. 

If they choose this option, they must send you a written notice explaining:

• How they calculated the car’s value

• What costs they’re subtracting

• What happens if you accept or don’t respond 

✍️ You don’t have to accept the offer, and the lender can’t move forward with it unless you agree in writing.

If you don’t agree to the proposal, the lender will usually sell the car at a public or private sale. Some lenders include basic sale information in their proposal, like when and how the sale might happen. 

🚗 No matter what type of sale it is, the lender must handle it in a commercially reasonable way. That means they can’t sell your car for far less than it’s worth or delay the sale so long that the car loses value. 

The money from the sale goes toward your loan and repossession costs. If the sale brings in more than what you owe, you’re usually entitled to the extra money. If the sale doesn’t cover everything you owe, you could still be responsible for the remaining balance.

Do I Still Owe After a Repossession in West Virginia? 

If the sale doesn’t cover everything you owe — including things like repossession fees, late fees, storage charges, or attorney costs — you may still owe money. This remaining amount is called a deficiency balance.

⚠️ In West Virginia, if the deficiency is $1,000 or less, the lender can’t require you to pay it. But if it’s more than $1,000, they can try to collect it. If you don’t pay, they might take you to court. If they win, they could get a court order to garnish your wages or take money from your bank account.

If you're dealing with a large deficiency balance and can’t afford to pay it, Chapter 7 bankruptcy could offer a fresh start. It can erase debts from car loans and deficiency judgments, so you can move forward without the pressure of collection. 

✨ You can use Upsolve’s free filing tool to get started today. 

Can I Get My Car Back After a Repossession in West Virginia? 

West Virginia gives you a right of redemption, meaning you can get your car back after repossession if it hasn’t been sold yet. To redeem your car, you’ll need to pay the full loan balance, plus fees. This often adds up to thousands of dollars, which puts it out of reach for many people.

In some cases, the lender may agree to reinstate your loan instead. That means paying just the overdue amount and fees to bring the loan current. This is up to the lender and isn’t something they’re required to offer.

Once the car is sold, you won’t be able to get it back. That’s why acting quickly is so important if you’re hoping to recover a repossessed vehicle.

Where Can I Find More Information About West Virginia Repossession Laws? 

Understanding your rights after a car repossession can feel overwhelming, but you're not alone. If you need more information or legal help, the resources below can be a great place to start:

• Legal Aid of West Virginia provides free legal services and advocacy for low-income people in West Virginia, plus helpful FAQs on repossession in West Virginia.

• Mountain State Justice provides legal advocacy on behalf of low-income West Virginians.

• The American Bar Association’s West Virginia Free Legal Answer Page has a list of resources that may be helpful. 

West Virginia laws on car loan defaults and repossession can be found in Chapter 46, Article 9 of the Uniform Commercial Code and Chapter 46A, Article 2 of the West Virginia Consumer Credit and Protection Act.