No. It's not theirs to sell, and they never should've taken the vehicle in for pawn without getting a title along with it. That vehicle belongs to the finance company. At the top of every pawn form, it asks the questions, "Are you the rightful/legal owner of this property?". If you answered yes to that question in regards to a vehicle with a lien on it, then you have committed fraud, and will likely face charges.
This depends on where you are.If you are in an area where it is illegal to hide the vehicle from the finance company you will get arrested, the vehicle will be impounded and the finance company notified.Added: If you have been concealing the vehicle from the creditor and at the same time not beein making payments, the creditor may well have filed a stolen vehicle report with the police.You have wrongfully deprived the creditor of their property (i.e.: THEY own it - not you). If the vehicle turns up in the police records as stolen they will not only confiscate the vehicle - you could be facing criminal charges as well.
No
(A): "Can you sue the repo man if he takes your truck after you filed bankruptcy?" (B): The answer is "No". The truck is the property of the dealer, or finance company, until your final payment to them is made, and the receiver in bankruptcy may not seize property of which title belongs to a second party (dealer or finance company). Chris
Karen, it is possible to do so legally. You should ask your B/K attorney if it was legal the way it was done. S/he is in a btter position to know ALL the facts. Within days of filing the BK, your finance company should have received notice that you filed for BK protection. If they wanted the vehicle, they should have filed a Motion to Lift the Automatic Stay. It is up to the BK court to grant or deny the Lift of the Automatic Stay. If they didn't, then they cannot legally repossess the vehicle. If they did, they have every right to repossess the vehicle. Consult your attorney immediately.
no...
If the vehicle was listed in the BK and no relief of stay was filed for that vehicle, they won't come get it. They can't. Can you get a title? Yes. After the loan is paid off.
Where I live the title can have Lien filed on it by anyone who has worked on or supplied parts for a vehicle. Also liens can be filed by any bank or lending institution who can get you to sign a form using the vehicle a s collateral.
I presume that you purchased the vehicle and sometime after that you filed the Chapter 7 Bankruptcy. If that is the case and you included the Finance company on your list of included creditors, then the discharge does just that. It discharges the debt forever and you do not have to pay any difference. Yes, as this is usually one of the terms of the contract.
A construction lien should be filed in the office of the county recorder (or wherever deeds are recorded in the county).
You do. You were in possession of the car. The car was registered to you. Until the car is sold, you are legally and financially responsible for it.
This situation will make it challenging to obtain financing as you will have clearly demonstrated a lack of ability or desire to continue a time finance repayment schedule. There are lenders out there who may be prepared to finance a car for you. They will, undoubtedly, charge extremely high interest rates and will have little or no tolerance for any past due payment.
Financial Responsibility Laws require that you be Financially Responsible for any damages you cause to another. Whether a Police report is filed or not, has no bearing on your responsibilty for the damages.