Stop Motorcycle Repossession in Memphis

Motorcycle Repossession: Your Rights and Options

Falling behind on your motorcycle payments can be stressful, whether you rely on your bike for everyday transportation or just plain joy. If you need to stop motorcycle repossession, it’s important to understand your rights and what you can do to protect yourself.

As a Memphis bankruptcy lawyer, I’ve helped plenty of people in your shoes. Here’s what you need to know if your motorcycle is at risk of being repossessed.

Can They Really Take My Motorcycle?

If you miss payments on your motorcycle loan, the lender has the legal right to repossess it.

In Tennessee, they don’t have to take you to court first or give you any warning. They just have to follow the law when doing it—meaning they can’t use force, threats, or cause a disturbance. This is known as the “no breach of peace” rule.

If the bike is parked somewhere publicly accessible, like your driveway or a parking lot, they can take it without knocking on your door.

What Are Your Rights?

Even though repossession is legal, you still have rights. Here are a few to remember:

No Trespassing

Repossession agents can’t break into a locked garage or enter a gated area without permission.

No Violence or Harassment

They can’t threaten you, physically harm you, or cause damage while taking the bike.

Right to Notice After the Fact

After the motorcycle is taken, you should receive a notice explaining where it is, how you can get it back, and when it may be sold.

Right to Get It Back (Sometimes)

You may have a short window of time to catch up on payments, pay fees, and reclaim your bike before it’s sold.

What Happens After Repossession?

Once your motorcycle is repossessed, the lender will usually sell it at auction.

If they don’t get enough money from the sale to cover your loan balance, you’re still on the hook for the rest. This is called a deficiency balance.

For example, if you owed $7,000 and they sold the bike for $4,000, you could still owe $3,000—and they can sue you to collect it.

So, What Are Your Options?

If you’re behind on your motorcycle payments, you do have options:

Catch Up on Your Payments

If possible, get the loan current before they repossess the bike. You can try negotiating with your lender for a temporary payment plan or hardship extension.

Voluntary Surrender

If you know you can’t afford the payments anymore, you can voluntarily give the bike back. This doesn’t erase the debt, but it can save you repossession fees and reduce the stress of a surprise tow.

File for Bankruptcy

Filing for Chapter 7 or Chapter 13 bankruptcy can put an automatic stop to repossession. In some cases, you can even restructure the loan or get rid of the debt entirely, depending on your situation.

Legal Help to Stop Motorcycle Repossession in Memphis

Motorcycle repossession can move fast, but you’re not powerless. The sooner you take action, the more options you’ll have.

If you’re struggling with motorcycle payments or have already lost your bike, give my office a call. As a Memphis bankruptcy lawyer, I can help you stop motorcycle repossession once and for all.

I’ll walk you through your rights and help you figure out the smartest path forward based on your unique situation and goals.

Let’s get you back on the road to financial stability. Reach out today for a free consultation.