Updated on 25 June 2025
The Pros and Cons of Voluntary Repossession
If you are facing insurmountable debt or unmanageable car payments, you might want to consider voluntary repossession.
There are pros and cons to voluntary repossession, and before you make your decision, it’s important to understand the nuances of voluntary repossession. It’s important to know that this is a complicated subject, and if you need help, you might want to consider contacting a bankruptcy attorney to discuss the specifics of your situation.
This blog can help you understand what voluntary repossession entails, how it works, and some specifics to consider.
A simple explanation of voluntary repossession?
Voluntary repossesion is a process sometimes used by borrowers who are unable to make monthly payments. Simply put, voluntary repossession means the borrower has decided to return their vehicle (or other asset) to a lender voluntarily.
It’s important to understand that this decision is voluntary, which means the borrower is not legally compelled to take this action. However, if you are unable to make your monthly payments, it may be better to consider a voluntary repossession compared to an involuntary repossession. A voluntary repossession is often preferred to avoid some of the unfortunate circumstances usually included with an involuntary repossession.
How does voluntary repossession work?
If you fear you may be facing a repossession, it’s important to understand the pros and cons of an involuntary repossession. It’s also important to understand what other options you may have. If you can’t afford your monthly car payment, you may want to consider voluntary repossession instead of waiting for the lender to repossess your vehicle.
Simply put, with a voluntary repossession, you voluntarily surrender your vehicle before it is repossessed due to a missed payment or other violations of the loan terms.
Some people believe voluntary repossession is preferable, but you should carefully consider the long-term consequences and explore other potential solutions, such as negotiating with the lender or seeking alternative repayment arrangements, before opting for voluntary repossession.
With a voluntary repossession, you will inform the lender and arrange a time and place for the lender to reclaim possession of the vehicle. You will then turn over the vehicle to the repossession company and sign over the required documents to acknowledge that you are voluntarily surrendering the property. After that, the lender typically auctions the vehicle to recover the outstanding debt. However, if the auction price does not cover the debt, you may be responsible for the deficiency balance.
If you want to move forward with a voluntary repossession, you can contact your lender to discuss your intention to voluntarily surrender your vehicle and negotiate the terms. Before you take this step, it’s important that you fully understand the pros and cons of voluntary repossession.
Voluntary Repossession: Pros
If you cannot make your monthly car payments, voluntary repossesion allows you to negotiate with your creditor. Voluntary repossession allows you to reach a settlement that ideally relieves you of some of your financial burden and inconvenience associated with involuntary repossession.
Voluntary repossession allows you to determine the terms of the property transfer, including when and where it happens. You will also have the opportunity to remove your personal belongings and not find yourself stranded at an unknown time and place. Additionally, voluntary repossession might help you avoid additional costs such as towing and storage fees.
Voluntary Repossession: Cons
However, voluntary repossession also has downsides – a voluntary repossession does not reflect on your financial record any differently than an involuntary repossession.
A Voluntary Repossesion Does Not Completely Remove Your Loan
It’s important to remember that a voluntary repossession does not necessarily erase your debt.
Future Financial Impact
A voluntary repossession can hurt your financial future. Simply put, it can make getting future loans more difficult.
In the future, lenders may view voluntary and involuntary repossession as the same, which may make them more reluctant to approve your loan application.
Negative Impact on Credit Score
Voluntary repossession can have a significant negative impact on your credit score, which will stay on your credit report for seven years, potentially making it harder for you to get approved for credit
Other Options
Voluntary repossession is not your only option, and it's important to understand that it’s not your only option. Many people opt to file for bankruptcy. For example, filing for a Chapter 7 bankruptcy allows you to discharge your unsecured debts like credit cards, medical bills, personal loans, judgments, collections, older taxes, and many other debts. On the other hand, filing a Chapter 13 bankruptcy could be a good solution. This option allows you to rewrite the loan terms, potentially reducing the interest rate and extending the payment period. If you’ve had the car for more than 2.5 years, you may be eligible for a cramdown.
If you are not sure what option best fits your needs, you may want to talk to a bankruptcy attorney who can help you understand your options. An attorney can help you select the option that is best for your current financial circumstances.
How to Find the Best Lawyer
Having an experienced lawyer can make a huge difference to your financial future. To find the best lawyer, you can first see if your inner circle has any recommendations. Next, you can consult online directories where you can check client reviews and testimonials. You can also review directories of attorneys through the State Bar Association.
It’s important to seek an experienced attorney in bankruptcy and/or consumer protection law. Once you have narrowed down your list of attorneys, you can schedule a consultation to discuss the specifics of your case and ask any questions you may have. During your conversation, you should asses your comfort level and choose an attorney you trust and you believe will communicate effectively with you throughout the process.
It’s important to understand that not all attorneys charge the same rate. It’s wise to ask your attorney about their fee structure upfront. Some attorneys charge by the hour, while others charge a flat fee or on a contingency basis. Given the variation, you should ask about your attorney's fees during your initial consultation.
Ultimately, you should hire an attorney you trust. Talk to any potential attorney openly and honestly. Not every attorney will meet your needs. They work for you, and you should choose someone you like and trust.
