Do I have the right to take back aftermarket parts after a repossession? 11 Answers as of June 24, 2014

I had my vehicle repossessed the other day. I also have the receipt to show I was the one that purchase the parts for the vehicle.

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You can file a Ch 13 bankruptcy and they will have to return the car to you.
Answer Applies to: Minnesota
Replied: 6/24/2014
GARCIA & GONZALES, P.C. | Richard N. Gonzales
The car lienholder gets everything, unless you negotiated something different in the purchase contract (which is highly unlikely).
Answer Applies to: Colorado
Replied: 6/17/2014
Ronald K. Nims LLC | Ronald K. Nims
In order to determine if the lender has the right to keep aftermarket parts added to a vehicle that has been repo'ed it would be necessary to read the documents to see what the rights of the lender and the owner are. However, I can't imagine a lender that would make car loans and not put in a provision that allows them to repo the car "as is" with any modifications that have been made to the car. Can you imagine that the lender would want a repo car where they'd have to remove, say, aftermarket rims, wheels and sound system, give those to the owner then they'd be left with a car missing those components. The lender wouldn't get much at auction for a car up on blocks and with a bunch of wires hanging out the holes where the radio and speakers were.
Answer Applies to: Ohio
Replied: 6/17/2014
Idaho Bankruptcy Law | Paul Ross
No. Typically a security interest includes modifications to the vehicle including after-market items. Many items cannot be removed without damaging the vehicle or replacement of parts.
Answer Applies to: Idaho
Replied: 6/17/2014
Law Office of Melissa Botting | Melissa Botting
The question may eventually turn on the chapter you file and the jurisdiction in which you live. To start at the end, if you were able to separate the parts from the vehicle, how would the parts be treated in bankruptcy? Does your jurisdiction have an exemption for the parts that would allow you to keep the parts if they had never been installed on the vehicle? If you were filing a Chapter 13, the estate may keep assets that are necessary to reorganization even if they are not specifically exempt assets. If is unlikely that a court would find after market parts, not attached to a car, ?necessary? for reorganization. There are a number of factors that could be reviewed. Are the parts fixtures? Fixture considerations apply to both real and personal property. They are generally items that are attached to a larger property, adapted for use in the larger property, and intended to be permanently attached. The precise definition of fixtures varies by jurisdiction, however. Next is the question of priority in security interests. Is there a perfected security interest in the fixture if the parts qualify for such separate treatment? Article 9 of the UCC, controls the sequential right of possession between interested parties. The bankruptcy trustee would have the right of possession after any creditor with a perfected security interest but before the debtor. So, that brings us back to initial question, if the debtor does not have an exemption in the jurisdiction that applies to the parts, there is no reason to determine if the parts can be considered separate from the vehicle. Normal 0 false false false EN-US X-NONE X-NONE.
Answer Applies to: Texas
Replied: 6/17/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    One parts are attached, they become part of the vehicle. You have no right to remove any attached parts once they are attached.
    Answer Applies to: Nevada
    Replied: 6/17/2014
    David R. Fondren, Attorney at Law
    David R. Fondren, Attorney at Law | David R. Fondren
    This is not a bankruptcy question. This is about replevin. depends on the parts, how integral they have become part of the vehicle, can they be removed without damage, do you still have the original parts to replace them, etc. You can sue for replevin of your parts if you wish. You may at least get credit towards the deficiency.
    Answer Applies to: Missouri
    Replied: 6/17/2014
    Barnhart Law Office
    Barnhart Law Office | Bruce C Barnhart
    Generally, accessories and parts that are affixed to a vehicle become part of the vehicle. It is unlikely that you will be able to force the return of the parts.
    Answer Applies to: Nebraska
    Replied: 6/17/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If you have not installed the parts on he car and still have them, you certainly can take them back, assuming the auto parts store has a return policy. What you can't do, is go to the tow yard, remove the part and take them back. Once they are installed, they are part of the vehicle. So here's hoping that you hadn't gotten them installed!
    Answer Applies to: Michigan
    Replied: 6/17/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No. They were installed in the vehicle.
    Answer Applies to: California
    Replied: 6/17/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, any parts on the car are now part of the car.
    Answer Applies to: New York
    Replied: 6/17/2014
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