Philadelphia, PA asked in Bankruptcy and Banking for Virginia

Q: Can Chase repo vehicle if credit card defaults, and car loan is paid each month?

I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?

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4 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Depends on whether there is a wraparound security interest in the car tied to the credit card.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
Answered
  • Business Law Lawyer
  • Miami, FL

A: You don't say if your vehicle is used for personal or commercial use. Your vehicle could be financed under a personal or a commercial loan and federal consumer protection laws would apply only if you have a personal loan. The loan documents you signed would say if the vehicle (probably referred to as "collateral") serves as collateral to any other "indebtedness" you have with Chase. Take a look at your loan documents for the vehicle, as this type of provision is more common in commercial loans. Look for "Collateral"", "Cross-Collateralization" and "Indebtedness" sections.

In regards to the credit card, I presume we are dealing with a personal credit card and not a business card, they are usually unsecured, and if there was any security or collateral, it would probably be a bank account (like a certificate of deposit), not a motor vehicle. Obtain a copy of the Terms and Conditions for your credit card and look at the sections for "Default" and "Collateral".

It would be uncommon for a creditor to be able to repossess a motor vehicle in which the loan is current for a consumer credit card debt. There are some federal regulations regarding credit card debt that would come into play. Worse case scenario, you would be sued in court for the sums owed in the personal credit card, default interest, legal fees and court costs. With a judgment on hand, the bank could then execute against your personal property which could include the motor vehicle. State law would provide how the vehicle can be sold in order to satisfy the judgment debt.

You can consult with a local lawyer that can review both documents for you and provide you with guidance.

My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information without first consulting with your own lawyer and discussing your specific facts and available options in detail.

1 user found this answer helpful

Nick Curtis Thompson
Nick Curtis Thompson
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: This generally happens if there is a cross collateral clause in the contract where all the loans are secured by any other loan. These are most often found in credit union contracts. In bankruptcy you can redeem the vehicle and take it from the credit union by paying the fair market value of the car and discharging the unsecured debt. We do this all the time.

Robert R Weed
Robert R Weed
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Annandale, VA
  • Licensed in Virginia

A: No, they can't.

Credit Unions are allowed to repo the car if you don't pay your credit cards. But banks can't.

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