NO ABSOLUTELY NOT! This is a CIVIL issue not a CRIMINAL issue! The car company can repo it or get a court order to have the sherrif come repo it that is all.
My finance company called me when I first defaulted and said they were going to report the car stolen. I recorded it and had them charged with Breach of Peace.
Repo people are scum and will say anything to get information out of you. Don't talk to them, don't trust them, and be smart. Never for a second assume that they are stupid.
They know how to do their jobs for the most part.
With any situation, know what you CAN and CAN'T do and know what THEY CAN and CAN'T do.
If you arm yourself with information you stop a sleazy repo man dead in his tracks who is trying to tell you that your going to jail for GTA.
== == If the courts have determined that the vehicle is to be repossessed and the FORMER owner keeps the vehicle away from the agent of the lending institution, yes, it is a form of theft and the lender is certainly within their right to claim that their vehicle is stolen. Once the repo papers have been signed by the judge, you no longer have claim to the vehicle. *
No. The lender can request an court order under the misappropriation of property or whichever state statute applies. A lender cannot file a stolen vehicle (grand theft auto charge) report in the traditional sense.
In the event that the possessor of the vehicle is not a contracted party, or if the contracted party is actively seeking to hinder repossession, then yes, the lender can report the vehicle stolen.
If they come to repossess it, and you claim to not know where it is, then the repossession agent will report it stolen. At that point, anyone found in possession of it is in possession of a stolen vehicle.
If it is really stolen by someone and not simply in possession of the lendee. The owner of the vehicle is the only one who can report a vehicle stolen, not the lender. But if the car is taken to the tow companys and yard and is now "missing" then the tow company can report the missing car since they had it in their possession. The first place the police will come to though is your house. The police will not come to your house it is a civil matter.The tow company cannot report the vehicle stolen it is not their vehicle to report stolen.
You should report the theft immediately to the police and to the car owner's insurance company.
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.
It is you duty to report it as soon as you discover the theft. If for any reason you can not do this, then you should do so as soon as you reasonably can. Failure to report the theft immediately may be taken into account by the insurance company considering any claim you may make for the stolen vehicle.
Not to my knowledge. The lender cant say its stolen because they LET you take it from their possession. You havent said its stolen OR you would have a police report to show it was. So, it's NOT stolen, you are hiding it to hinder repossession. Hope that's not a felony in your state. My contracts state that if the borrower takes the vehicle out of state when in default that I could report the vehicle stolen. I never have tried, but I did pay an attorney to draft them up for me years ago. In wild and lawless Nevada...
Not much. Nearly impossible to prove and so many make claims of stolen items, and no one ever believes them.
The tow/repossession company has to notify the police of the repossession so the car can't be reported stolen..
If the repossession occurred in a state that does not permit self-help repossession, report the car stolen; it cannot be legally repossessed. Louisiana and Wisconsin are two of these states. If you can show legal possession of the vehicle, and on time payment, report the car stolen. It cannot be legally repossessed in any state unless the debt is delinquent. If you do not wish to involve LEO's immediately, contact the private party who "repossessed" the vehicle and explain that if it is not returned within a reasonable amount of time, that you will report the vehicle stolen and give his name as the party responsible. There is no legal "personal reason" for repossessing a vehicle.
Gap insurance only pays if the vehicle is totaled in an accident or stolen and not recovered. It does not cover the deficiency balance after a repossession sale.
No they can't. It is strictly a service to recover vehicles that have been reported stolen.
Yes, that will appear on the report.
He will report it as a stolen vehicle.
Yes, of course.
First, they'll try to repossess the vehicle. If you tell the repossessors that you don't know where the vehicle is, that could give them grounds to report it stolen, although it's a little more complicated than that, and they'd likely just file a missing property report, The finance company has no interest in jailing you - they want their money, and you obviously aren't going to make any amount of money in jail that'll allow you to pay them back. They might take you to civil court.If anyone's going to try reporting a vehicle as stolen, some repossession agents have been known to do it after they've been told, "well, I don't know where the car is", as a pressure tactic. IMO, a pretty underhanded move, but I won't say I would've been above doing it when I did repossessions (although I never actually did this).
You call you local non-emergency number. Police if you live in the city limits, County Sherrif if you live in a rural area. The Dispatcher will direct your call, Just say " I want to report a stolen vehicle. Repos are NOT stolen.
When the tow truck makes contact with another vehicle it is in possession of that tow/repo company. If they connect to another vehicle to "move" it they are in possession of that vehicle without cause or permission. This is technically a stolen auto at that time. It is NOT legal to move other vehicles to get to another. A good repossession agent with proper use of his tools can get a vehicle out of even the most tightly squeezed places. Before you accuse a repo agent of "stealing" a vehicle, make sure he actually did!!!
No. Namely, because the car wasn't stolen - it was taken back by the rightful owner (the financier), via a repossession agent. It's not the financier's fault - nor the repo agent's - that you neglected to make your payments.
i would report it stolen. if the payments are made the loan company can and probably will come after you for the money. If you report it stolen to the cops you can at least report it to the insurance company and the loan company and that should remove your responsibility.
You should report it as soon as you know your car was stolen. There is no statute of limitation to report a theft. However, a delay would cast doubt on the veracity of your story.
rport it stolen?? Who will take the report?? Barney Fife??? NO, cause its NOT stolen. The 'stolen" line is a sure sign of a LAZY repoman. Or an uneducated repoman who believes everything they hear. How can you "steal" your own car? The lender CANNOT report the vehicle stolen. You, as the registered owner, are the only one who can make that report to the police.
Call the police, file a stolen vehicle report(I would think that would be common sense). If you're willing to spend more money to find the vehicle, after reporting it to the police, you can attempt to hire a reposession company to search for the car provided you have some idea where the car is.
Wrongful repo?The words "no lien" and repossession do not actually belong in the same sentence. A missing car that are behind on payments could possibly be repossessed. A missing car that has no lien or loan is a stolen vehicle. A repossession company should know this and be very helpful in bringing you back your car. You could be nice and let him bring it back, since you seem to realize he was fooled and drawn into some personal drama of yours. Or you could report it stolen. Keep in mind, that you need to have your facts straight because to willfully report a vehicle is stolen when it is not makes police personnel very very angry. Our company rule is Don't anger the nice police officer oh and "the guy with the gun is always right". If there is more to the story that what you put in your question here, think long and hard before reporting that car stolen. Falsifying a police report is a crime.
Typically, no. Now if you hide the vehicle and tell the repossessor that you don't know where it is, they might try to report that vehicle stolen, or, more likely, file a missing property report. If the finance company can't get your vehicle, then they'll simply let the courts do their work for them.