If a truck is repossessed and there is a plow and salter on the truck that is removable and not part of the lien, can they refuse to give that back?

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If a truck is repossessed and there is a plow and salter on the truck that is removable and not part of the lien, can they refuse to give that back?

Our business truck was repossessed. There was a plow and salter on the truck that is completely removable and does not deface the truck in any way. Can the finance company refuse to return the equipment as personal property and sell it at auction with the truck?

Asked on December 7, 2011 under Bankruptcy Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If the plow and salter are attached to the truck that was repossessed the lender can refuse to retrun the equipment that you have written about for the simple reason that it is a fixture to the vehicle and the vehicle has been repossessed.

I would contact the lender to see if there is any possibility that it may allow you to remove the plow and salter from the vehicle. If you are not allowed to do the removal and if the equipment that you are writing about has significant value, you might consider contacting an attorney experienced in automotive law about your situation to assist.


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