Car Repossession in Texas: What You Need to Know 

 Posted on January 06, 2026 in Bankruptcy

If you are behind on car payments, you may be worried about your car getting repossessed. After all, in Texas, a car is often a necessity. Things are simply too far away to walk, and public transit isn’t much help. When a car is repossessed, people’s whole lives can fall apart. 

A report from CBS News just a couple of months ago said that an estimated 3 million people had their car repossessed last year. Many of those repossessions could have been stopped with a good lawyer. 

If you are worried about losing your car in 2026, our Texas bankruptcy and repossession defense attorney can help. Even if your car has already been repossessed, it may not be too late to do something. Call us today at 713-526-5220. 

How Does Repossession Work in Texas?

In Texas, a lender has the right to repossess your car if you stop making payments on your loan. The law in the state is strict: a lender can typically repossess your car as soon as you default on the loan. 

Creditors do not necessarily need court approval to repossess your vehicle. A repossession agent may take possession of your car so long as they can avoid a "breach of the peace." This usually means that they can repossess your car without a court proceeding in a public area, including your driveway.

They can’t go into a locked garage or use physical force. If your car is in a garage, they will need a court order. 

Will I Lose My Stuff in My Car if it is Repossessed?

In Texas, lenders and repossession agents must allow you to take back any personal property that was in the car when it was repossessed. They must also provide you with a detailed list of the personal property inside the car and your right to get back your belongings. If they do not do so, they may be liable for damages.

What to Do if You Are Concerned About Repossession

Read your car loan agreement (or have a repossession attorney review it and advise you). The loan agreement will have the terms under which the lender may repossess your vehicle.

Call your lender. Sometimes it is possible to negotiate a repayment plan with the lender if you are behind on your payments. Lenders may be willing to work with you to find a solution, such as loan restructuring or deferring payment. It is even possible to negotiate a "voluntary repossession." Although that is still not an ideal situation, it could be less stressful and costly than an involuntary repossession.

How Can Bankruptcy Help with Repossession? 

When you file for Chapter 7 or Chapter 13 bankruptcy you get an automatic stay that stops creditors from trying to collect or harass you. This can make it less likely that you will lose your car. Bankruptcy can also help you get out from under suffocating debt. 

While bankruptcy gives people all over America a second chance, it is not an easy process. It also has serious consequences for your credit. Talk to a lawyer before you make any lasting decisions. 

5 Fast Facts About Car Repossession in Texas

Can You Stop a Car Repossession at the Last Minute in Texas?

Sometimes, but you need to act fast. Filing for bankruptcy triggers an automatic stay that legally requires creditors to stop all collection activity. This includes repossession. If a repo agent is already looking for your car, a bankruptcy filing can stop them. But you need to file before the lender takes possession. Once the car is gone, your options become more limited.

How Fast Does the Automatic Stay Stop Repossession?

The automatic stay goes into effect the moment your bankruptcy petition is filed with the court. Under 11 U.S.C. Section 362, creditors must immediately stop all collection efforts. Your attorney can file an emergency bankruptcy petition if repossession is about to happen. The court will notify your lender. Any attempt to repossess after that point violates federal law.

Can You Get Your Car Back After Repossession in Texas?

In some cases, yes. If your car was repossessed before you filed for bankruptcy, you may be able to get it back if the lender has not sold it yet. Filing for Chapter 13 bankruptcy may require the lender to return the car so you can catch up on payments through your repayment plan. This is called turnover, and it requires quick action from your attorney.

How Long Do You Have to Reclaim a Repossessed Car?

Texas Business & Commerce Code Section 9.611 requires lenders to send you advanced notice before selling your repossessed vehicle. They will usually give you around 10 or 15 days to reclaim the car by paying the full balance owed plus repossession costs. Once the car is sold at auction, you lose the right to get it back. If you are considering bankruptcy to recover your vehicle, you need to file before that sale happens.

Can a Repo Man Take Your Car From Your Driveway in Texas?

Generally, yes. Texas law allows repossession agents to take your car from any public place or from private property as long as they do not "breach the peace." This means they cannot break into a locked garage, threaten you, or cause a disturbance. However, if your car is parked in your open driveway, they can legally tow it without warning.

Contact a Brazoria, TX Repossession and Bankruptcy Attorney

Whether you are behind on your car payments or your car has already been repossessed, we are here to help you. Our Houston, TX repossession lawyer has the experience you need to protect yourself against repossession. 

We believe in helping good people get through hard times. Call The Fealy Law Firm, PC at 713-526-5220 for a complimentary consultation today.