Kansas Repossession Laws: Your Rights When You Miss Car Payments
In Kansas, you get 20 days to catch up on payments after receiving a default notice, but only one warning for your entire loan. After repossession, you may owe a deficiency balance if the car sells for less than your debt. Working with your lender early or exploring debt management options can help you avoid repossession and reduce financial damage.
Create Payment PlanIn Kansas, lenders can start repossessing your car after you miss a payment by more than 10 days. But they must send you written notice first. You get 20 days to catch up and save your vehicle. If you don’t pay by the deadline, the repo company can take your car without going to court. They just can’t use force or break into locked spaces. After repossession, the lender sells your car and may come after you for any remaining balance. You can fight back by working with your lender early or exploring debt relief options that temporarily stop collection efforts.
How Many Missed Payments Trigger Repossession in Kansas?
Your lender can declare your loan in default once you’re over 10 days late. Missing even one payment puts you at risk.
Stop Repossession With a Manageable Payment Plan
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Get Free ConsultationBut Kansas law protects you with required advance notice. Before taking your car, the lender must send written notification. This gives you 20 additional days to make your overdue payment.
The clock starts ticking after you’re 10 days late. Then you receive the notice. Only after that 20-day cure period can repossession legally begin.
Will You Get Notice Before They Take Your Car?
Yes. Kansas requires lenders to send a right to cure notice before repossession. This written notice arrives after your payment is more than 10 days overdue.
Your notice must include specific details:
- Your lender’s contact information
- Details about your loan account
- The exact amount you need to pay
- The deadline to avoid repossession
- Warning about potential repossession costs
Lenders only send this notice once during your entire loan. If you catch up but fall behind again later, they can repossess without another warning.
After 30 days from the initial notice, repossession can happen anytime.
How to Stop Repossession Before It Happens
Contact your lender immediately when you realize you’ll miss a payment. Call before the due date if possible.
Many lenders prefer working with you over dealing with repossession hassles. Be honest about your financial situation. Ask specifically about hardship programs.
Your lender may offer several solutions:
- Modified payment plans with lower amounts
- Temporary forbearance to skip payments
- Loan extension to reduce monthly costs
- Refinancing at better terms
Already received a default notice? You still have options. Pay the overdue amount plus any listed fees before the deadline expires.
If car payments are just one part of bigger money problems, consider talking to our partner Cambridge Credit Counseling. They can help you create a comprehensive plan to manage all your debts with one affordable monthly payment.
What Repo Companies Can and Cannot Do in Kansas
Once your cure period ends, repo companies can take your vehicle without court approval. But they must follow specific rules.
Repo agents cannot breach the peace. This legal term means they can’t use threats, force, or deception. They can’t enter your home, garage, or locked gate.
Your car parked in a driveway or on public streets? They can legally take it from those locations.
Kansas doesn’t require repo agents to hold special licenses. They do need operating authority from the Transportation Division of the Kansas Corporation Commission.
Something feels wrong about your repossession? You can report concerns to the Kansas Corporation Commission or your lender.
What Happens to Your Personal Belongings?
Remove all personal items from your car as soon as you’re at risk. Getting belongings back after repossession creates extra stress and hassle.
If your car gets repossessed with items inside, the repo company should notify you. They’ll tell you where your belongings are stored and how to retrieve them. Expect to pay storage fees.
This only applies to loose items. Anything permanently attached to the vehicle stays with the car.
Haven’t heard from the repo company? Contact your lender immediately to ask about retrieving your property.
After Repossession: What Comes Next in Kansas
What happens after repossession depends on how much you’ve already paid toward your loan.
Paid 60% or more of the loan? The lender must sell your car. They typically have up to 90 days to complete the sale.
Paid less than 60%? The lender can choose to keep your car instead of selling it. They must send notice first. You can object to this decision.
Kansas law requires written notice before any sale. This notice must include:
- Description of your vehicle
- Type of sale (public auction or private)
- Time and location of public sale
- Date after which private sale will occur
- Instructions to request itemized debt breakdown
Lenders must conduct a commercially reasonable sale. This means selling at fair market value using standard industry practices.
Why does this matter? Because you’re responsible for any deficiency if the sale doesn’t cover your loan balance plus fees.
Do You Still Owe Money After Repossession?
Yes, you likely still owe if the car sells for less than your total debt. This remaining amount is called a deficiency balance.
Your deficiency typically includes:
- Remaining loan principal
- Accrued interest
- Towing fees
- Storage costs
- Auction or sale fees
Some people choose voluntary surrender before forced repossession. You still owe the deficiency, but you avoid some fees and reduce stress.
Lenders will aggressively pursue deficiency balances. They often file lawsuits and seek wage garnishment orders against you.
Kansas law provides some protections. If your car sells for $1,000 or less at auction, the lender may not collect a deficiency at all.
You’re entitled to a detailed, itemized list of all repossession fees. Kansas law caps collection-related charges at 15% of your unpaid loan balance after default.
Struggling with a deficiency balance and other debts? Our partner Cambridge Credit Counseling can help you consolidate debts into one manageable payment plan with reduced interest rates.
Can You Get Your Car Back After Repossession?
Once the lender sells your car, you can’t get it back. The window closes permanently after the sale.
Before the sale, you might redeem your vehicle. But this option requires significant cash.
Redemption typically requires paying:
- The full remaining loan balance
- All missed payments
- Repossession fees
- Towing charges
- Storage costs
- Interest and late fees
Your post-repossession notice explains the redemption process. You usually have until the sale date to exercise this right.
Most people can’t afford redemption costs. The total often exceeds the car’s actual value.
Additional Kansas Resources for Repossession Help
Kansas Legal Services helps low-income residents navigate legal issues including repossession. They offer free legal assistance to qualifying individuals.
The Washburn Law Clinic provides representation through supervised law students. You may qualify if you can’t afford an attorney.
Review the full Kansas State Legislature statutes regarding repossession for detailed legal information. Understanding your rights helps you make informed decisions.
Need help managing car payments alongside other debts? Cambridge Credit Counseling specializes in creating affordable payment plans that protect your vehicle while addressing your overall financial situation.