== == NO
If the vehicle is paid it is yours you should not have to wait any amount of time.
You need to contact your lender to see if they will work with you on getting caught up on your back payments. Some state laws allow the lender to require you to pay the vehicle off in full and some state laws require the lender to return the vehicle to you if you can catch up on the amount you are behind. You need to check your state law and contact your lender.
CIVIL law YES, criminal no.
Contact the lender they have to tell you where your car is so you can get your belongings.If they refuse send them a certified letter demanding the return of your property, list what you can and the approximate value.At the same time file a stolen property report with the police.If you don't hear from the lender sue in court.
The squeaky wheel gets the grease. ONE day is the norm.
The car can be repossessed. The estate is responsible to return the vehicle and resolve the lease or loan.
The dealership is not involved unless the vehicle is leased. If the dealership has repossessed a leased vehicle, it is gone; you will not get it back. If the vehicle was being purchased by loan and the lender has repossessed it, you may get it back, but you have to balance what you would owe against what you do owe. To recover a repossessed vehicle, you may have to pay the following fees: * Past due balance * Any late fees associated with the delinquency * Repossession fees * Storage fees * Legal fees * Court costs * Recovery fees (the cost associated with processing the paperwork to return the vehicle to you). However, if you do not retake possession of the vehicle, you will still be responsible for most of these additional costs, and you will have nothing to show for it.
Yes! It will still be listed on your credit report as a voluntary return and you will still be responsible for the cost
Notice is not necessary in all state prior to repossession. In fact it is not necessary in most states. If you have paid current on the loan, and the repossession occurred anyway, this is likely a communication lag between the lender and the repossession company. It happens often. Contact your lender and explain what happened. Be patient and polite--they are not required to return the vehicle. They likely will because they want your money not the car. Ask the lender how you can get your vehicle back. Ask them who has your vehicle, and call that company to explain the vehicle was "wrongfully repossessed" and why. Again, be patient and polite--these people have your car.
Yes you can with the help of your attorney.
The accompanying documents to the summons should state what damages/restitiution the plaintiff/lender is seeking. Generally the vehicle is repossessed, sold at public auction and then the lender takes action to recover the remaining amount plus recovery fees and penalties owed on the loan. Although now, many states have enacted legislation that allows the lender to sue for the entire amount of the loan plus applicable costs rather than go to the expense and trouble of recovering the vehicle. This action has proved to be very advantageous for the lender who wins such a suit and very damaging for the borrower. It would be prudent for the borrower/defendant to obtain legal representation or at least legal advice on the matter.
My car was crashed and I lost my job. How do I return the finance car to the lender?
If the lender has placed a judgment against you for the deficit balance (balance left after the car is auctioned/sold), then yes in most states, they can take the tax return and apply it to the balance owing.
There's no rule. It may not be worth it for the lender to repo or take the vehicle. To be safe, you may want to send the lender a letter, certified return receipt, giving a time, date and place to pick the vehicle up. If the lender does not, be sure to keep the letter and green card to prove the lender abandoned it. Then you will want to get the title. You may have to sue the lender for it.
Yes. You will be served with an order to appear. On your court date, you will be ordered to surrender the vehicle and the lender will be given a replevin by the court. This is in essenece an order by the court for you to return the vehicle to the lender. When the replevin is served, you will surrender the vehicle or you will be taken to jail and remain there at least until the vehicle is surrendered, perhaps longer on felony charges.
Well, that's a matter of interpretation. The lender has the right in most states to self-help in recovering secured property. In the vast majority of matters, the borrower signed a right to cure, or there was a right to cure clause in the loan contract. This is your permission as the borrower for the lender to send someone to pick up your vehicle when you default on the contract. When you are one day late with your payment, you defaulted on the contract. You can refuse to turn over the vehicle, but in many states you can be arrested for hindering a lender in recovery. Even in those states that do not have these laws, the lender can secure a replevin that orders you to surrender the vehicle. In the event you refuse to honor a replevin, you go to jail for contempt of court. I guess it depends more on how much difficulty you want in your life. Think about too what you would want to happen if you loaned something to someone and they did not return it.
Take them to court. * It is possible they are within their legal rights to hold the vehicle and its contents if a replevin order or other court order is in effect. Often the lender's agent cannot release the vehicle until they are informed by the lender that all the reaffirmation documentation has been finalized including checks clearing, insurance confirmation and so forth.
If your Statement of Intention (in a chapter 7) says you intend to surrender the vehicle, you should offer the keys or the vehicle with the keys to the lender or tell the lender when and where to pick the vehicle up. You may want to send a certified return receipt letter to the lender with this same information. Your state laws may give the creditor a definite period of time to respond or the claim will be deemed abandoned. Consult your bankruptcy lawyer.
Perhaps it is. That's a maybe. Some loan contracts have a clause in them that defaults the car to the lender in the event the contract is breached. In these cases, the lender will pick up the car as soon as the borrower becomes delinquent in payments. Many of these lenders will not return the vehicle either, preferring rather to sell the car at auction, and collect the remaining balance through other means.
I can can be legally repossessed no matter where it goes in the USA. As long as the repossessor can find the car and identify it as the one to be repossessed. It may not be cost effective if it is a long distance unless the vehicle is of greater value than the cost of returning it and paying someone to do that. They can also wait until you return.
The lender will sell the vehicle and you are responsible for the deficency. They will sue you for the balance left on the loan after the sale of the vehicle. The court will order you to pay and they can garnishee your wages.
If your car is repossessed and you want to get it back, you can contact the finance company and clear any outstanding payments. They may agree to return your vehicle to you if they have not already sold it but be warned that lenders try and sell repossessed vehicles as quickly as possible to try and recoup funds. The finance companies often sell the repossessed vehicles at a car auction. Here they can be sold "as seen" and at a lower price than market value, thus they can be sold quickly. It is often possible to find out which auction your car is being sold at and you can get your repossessed vehicle back yourself by attending the car auction and bidding.
Absolutely. Any creditor action including repossession cannot be taken after the filing of a BK and/or before the BK is completed and discharged. The vehicle will have to be returned to the borrower to await action by the lender such as requesting the BK stay be lifted or a reaffirmation agreement made between the lender and borrower.