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Is the lender required to notify the debtor before repossession in Michigan?
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∙ 10y ago
TITLE STATE: 1975 and subsequent years. SECURITY INTERESTS: Shown on title held by debtor. LICENSE REGISTRATION: Michigan Bureau of Driver and Vehicle Records, 7064 Crowner Drive, Lansing, Michigan 48918. Tel:(517)322-1460. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. Repossesses must hold valid collection agency license & Regulation, Collection Practice Board, P.O. Box 30018, Lansing Michigan 48909, (517)241-9239. DOCUMENTS REQUIRED FOR LIQUIDATION: Title must be in lien holder's name. Forward application for title accompanied by a certified copy of the security agreement and an affidavit of repossession. PLATES: Remain with debtor.
Notification (right to cure letter) NOT required. Repo cos. need copy of loan contract, copy of title showing you as leinholder, copy of your wrongful repossession ins. The less professional the company, the less of the above you will be required to show. Its all about CYA.
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∙ 10y ago
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Will SAFCO garnish your wages for a 12000 repossession?
Any lender has to get a judgment before they can garnishee anyones wages.Then the debtor has to have wages before any lender can garnishee them. It is up to the lender whether or not they go that route in the collection process.
Is it still considered repossession if you willing give the bank the keys to your property before it goes into foreclosure?
Yes, a voluntary foreclosure (deed in lieu of such) is a foreclosure just as a voluntary repossession of a vehicle is a repossession. All the same penalties/fees, recovery of debt laws apply and the information entered on the debtor's credit report will be as a foreclosure regardless of the circumstances involved.
Hostile debtors agreement?
A hostile debtor's agreement is an agreement between two parties that allows for a repossession to take place. This could be the repossession of an automobile or it could also be a foreclosure. Either way, the parties involved have to go to court to solve issues.
If a person has not missed a payment to a credit card company and they cancel him can they garnish his wages?
If the account is considered in default because the payments were not the minimum required, then a creditor has the option to pursue litigation against a debtor. Before a creditor could garnish the wages of a debtor a lawsuit would have to be undertaken and a judgment entered against the debtor. The judgment could possibly be executed as a wage garnishment according to the laws of the debtor's state of residency.
Can a car be reported as stolen because the loan went into default?
Can it? Yes, by the lender in some case. If the debtor is actively attempting to hinder repossession in many states, or if the vehicle is in possession of a third party who is not on the loan or vehicle registration, then a repossession agent may file a stolen vehicle report. Most will not, preferring to allow the lender to take such action instead.Can it be reported stolen by the debtor once repossession takes place? Often vehicles are reported stolen after repossession happens. However, this is a cautious area. Most debtors already know the vehicle is being sought, and law enforcement takes a dim view of filing false or malicious reports.
Is a cosigner liable for an automotive repossession in Michigan?
When you cosign for an automobile purchase you are typically liable for an automobile repossession in Michigan. The reason why is because you are responsible for car payments as a cosigner if the primary debtor cannot pay.
Is repossession a form of dissipating or disposing of marital property?
No. Repossession is the procedure used by a creditor to take back property through a judicial processes, foreclosure, or self-help when a debtor fails to make required payments.No. Repossession is the procedure used by a creditor to take back property through a judicial processes, foreclosure, or self-help when a debtor fails to make required payments.No. Repossession is the procedure used by a creditor to take back property through a judicial processes, foreclosure, or self-help when a debtor fails to make required payments.No. Repossession is the procedure used by a creditor to take back property through a judicial processes, foreclosure, or self-help when a debtor fails to make required payments.
How many days deliquent can someone be on a car loan in Connecticut before facing repossession?
Typically, one day past the grace period. Some lenders will only permit a debtor to be two weeks delinquent before starting the repossession machine.
Can you collect a repossession fee if you do not send a pre repossession letter in Maryland?
In Maryland, a repossession fee cannot be collected if a pre repossession letter was not sent to the debtor. The letter is a legal requirement that must be provided before repossession can occur, and failure to send it could invalidate the repossession.
In Colorado is notice to the debtor required before a Writ for Continuing Garnishment is actually sent to the employer?
No.
Can they repossess your car with you in it?
A valid repossession must not cause an unlawful breach of the peace - even if the debtor is the one instigating the breach. So if the debtor gets into the car, it cannot be repossessed at that time, you'd be kidnapping them essentially. In the USA, this actually happened, the repossession was declared to be non valid and the debtor awarded a cash settlement in court.
If you sell a car to a friend and the note is due and he has paid only half the purchase price do you have the right to repossess and is notice required in Michigan?
It has to be stated in the contract that you have the right to repossession if the debtor defaults on the contract. You are problably better off going to small claims court and getting a judgment against this person. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. Repossesses must hold valid collection agency license & Regulation, Collection Practice Board, P.O. Box 30018, Lansing Michigan 48909, (517)241-9239.
Will SAFCO garnish your wages for a 12000 repossession?
Any lender has to get a judgment before they can garnishee anyones wages.Then the debtor has to have wages before any lender can garnishee them. It is up to the lender whether or not they go that route in the collection process.
How do you find out the date of a repossession?
If you are the debtor, you could ask the lender or the PD in the city/town where the repo occured.
Is it still considered repossession if you willing give the bank the keys to your property before it goes into foreclosure?
Yes, a voluntary foreclosure (deed in lieu of such) is a foreclosure just as a voluntary repossession of a vehicle is a repossession. All the same penalties/fees, recovery of debt laws apply and the information entered on the debtor's credit report will be as a foreclosure regardless of the circumstances involved.
What is your obligation if you take the car back to the bank before they come to get it?
When the car gets back to the bank, its sold and the debtor owes the difference between what it sold for and the outstanding balance on the loan. IF it sells for more than is owed, debtor has to pick up the check for the surplus. There are no differences between a voluntary repossession/relinquishment of vehicle by the borrower and the forced repossession/recovery by the lender, except for some of the repossession costs such as towing. FYI, a bank will not allow you to return the vehicle in the sense that you can "drop it off" somewhere.
Are you required to appear in court before your wages can be garnished?
No, the defendant (debtor) does not have to appear at the date of the hearing. A non appearance usually results in a default judgment being entered against the debtor. The debtor will receive a notice of final judgment before the judgment creditor can take steps to have the judgment executed.
