An order of replevin will force you to turn over the vehicle or face charges of contempt of court.
Sort of. In many states hindering repossession is a crime. It is not exactly grand theft auto, but it is comparible. More often than not, the lender would obtain an order of replevin, a court order for you to surrender the vehicle. When the repossession agent returns with this order, if you still refuse to turn over the vehicle, the law enforcement officer accompanying the agent will arrest you and take you into custody, and then you will surrender the vehicle or remain in jail.
Repossession is what is commonly thought of as a "REPO". A self-help repo is permitted by most states. "Writ of Replevin" is the other legal option that a few states require to do the same thing. The state makes money by requiring the Replevin. BOTH have the same effect on your credit. A repo is where a lender contacts someone to pick up the vehicle. You, at that time, do NOT have to surrender the vehicle. A "Writ of Replevin" is where the lender gets a court order signed by a judge for you to surrender the vehicle. It will be served by a Sheriff's officer, with the repo man in tow, and you will then have to let them take the car. Otherwise, you are in contempt and it is not worth it to defy a court order. That is the only time you have to surrender the vehicle.
The order must have been issued by a court and you had the opportunity to defend yourself. You must now obey the court order or you will find yourself in more trouble: contempt of a court order.
No, not unless there is a court order for you to release the vehicle.
You petition the court for relief under a replevin. By doing this the court will order him to surrender the vehicle to you. You should be prepared to be able to produce evidence of your attempts to secure the unit on your own, or your court fees will be wasted.
Get a court order to cut the chain and sieze the vehicle.
Yes and no. A writ of replevin is a court order to surrender a vehicle. Anyone who interferes with such can be arrested and held in contempt of court. This includes you, or any third party in possession of the vehicle. The mechanic's lien is a matter between you and the mechanic. If the repossessed vehicle is sold, and the proceeds exceed the amount of the original remaining loan balance, then any remaining money from the sale must be paid to the mechanic to satisfy his lien.
obama did it!!!!!!!!!!!
Yes, they can. And then they can have charges filed against the borrower, the most likely suspect in the theft. They can also file for a replevin, a court order for the borrower to surrender the vehicle, and failing to do so can result in the arrest of the borrower on charges of contempt of court.
The Confederate surrender at Appomattox Court House was in the year 1865, on April 9th.
You are likely thinking of a writ of REPLEVIN. It's a Court Order for the vehicle to be served on the customer for the vehicle.
No, but they can be cited for contempt of court if a replevin or other court order is issued for the recovery of the vehicle.