Repossession isn’t the end: how deficiency suits can create new debts

Aug 24, 2026

Zach Hamill outlines how vehicle repossession and subsequent sale can leave a borrower with a deficiency balance that becomes an unsecured debt and may lead to a new lawsuit and garnishment.

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Hamill told listeners that most vehicle loan contracts include a repossession clause and that repossession plus sale can produce a deficiency balance. "Once they sell that vehicle, they then put that, the balance of the sale towards the debt...and then whatever's left over on that loan after that sale, that...is an unsecured debt that they can then sue you over," he said.

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