Best Answer

Yes. It is perfectly legal for a repossession agent to take possession of a vehicle when they are acting on behalf of the lender. The repossession agency does not have the option of allowing the borrower to retain the vehicle even though proof is presented that payments have been rendered. Such issues are strictly between the borrower and the lender. The lender and/or court being the only parties that can rescind the repossession action.

User Avatar

Wiki User

βˆ™ 2006-07-04 13:59:20
This answer is:
User Avatar

Your Answer


Related Questions

What right would you invoke when apprehending any repo agent for breach of the peace?

Sorry, but you are confused. In most cases of breach of the peace, it is the borrower who violates. Repo drivers want to get in, get the car, and get out as quickly and quietly as possible. The common scenario is something like the borrower running out when the vehicle is hooked and driving it off the hook and spinning off to prevent the repossession. Other scenarios involve weapons, assaults, and other pathetic demonstrations in an attempt to driver the repo agent off. Most repossession agents will not breach the peace, and will leave immediately as long as they have not hooked the vehicle. They will even often attempt to diffuse the situation by trying to explain to the borrower the facts of the situation. In most of the cases where the driver is sent away by law enforcement, the vehicle is typically recovered later, at the most inconvenient time possible for the borrower, say on his way out of Piggly Wiggly with a cart full of melting ice cream, being followed by five screaming kids. Repo is a waiting game, and a game of oportunity. The people who recover vehicles and investigate every aspect of your life are very good at what they do. It is not a question of if the vehicle will be found and taken, but when.

Is there a green warning sticker before vehicle repossession?

Not typically, in fact in several years experience in the industry, I have never heard of such a practice. Repossession, beyond being a waiting game, is a game of opportunity. When the repossession agent finds it, he will take it. The last thing any of them want to do is give you prior warning that they are on your trail, and to give you the opportunity to hide it and make their job more difficult.

Is it legal for repossession guys to follow you or is this harassment I am scared to come home afraid Ill find them there waiting you have a small child and today the repossession guys did follow?

Repo people are the scum of the earth. They are nothing more than prostitutes for finance companies. Yes, the can follow you as long as they do NOT try to physically remove you from your vehicle. That would be an assault. If they enter your private property, you can tell them to leave, if they don't, that is criminal tresspassing. Anytime you park your vehicle, either have it parked in a closed garage or have it blocked by other vehicles. Repo folks cannot enter a closed garage (at your house) or remove any vehicles blocking your vehicle. Repo folks can have keys cut to your vehicle WITHOUT your permission. Repo folks can tell you by law, you must give up your vehicle to them...THAT IS A LIE I am in the towing business and they cause so much trouble for towing companies. If you get out of your unattended vehicle for just an instance, consider your vehicle GONE . Repossession agents can obtain a court order (replevin) to recover a vehicle. The person who has the vehicle must surrender it or be held in contempt of a court order. It is not illegal for them to come onto the property to retrieve a vehicle subject to repossession. It is a fact they cannot take a vehicle from a garge locked or not or remove a lock from a secured gate without a court order. It is perfectly legal for them to follow the vehicle regardless of who is driving it, and to take possession of it at the first opportunity that will not constitute a breach of peace. Repossession agents are simply doing what they were contracted to do by the lender. a vehicle does not belong to the borrower until the contract agreement has been completed according to terms. Who wrote the contract that says they may take your personal items and then sell them back to you when you inquire about them? Opportunistic scumbags indeed..... Try paying your bill and the repo man will have no choice but to ropo other peoples unpaid for junk.

How many months will a repossession man look for a car before they sue?

I've personally seen repossession cases sent from agency to agency for as many as five years before the lender ever attempt to take it legal. You have to understand, they lose nothing by waiting and potentiall gain a tremendous amount of accrued interest. Repossessions is a waiting game. It is important to know that with improvements in technology and changes in the law, it is becoming much more difficult to hide from your obligations. Your best recourse is to stop running, surrender the vehicle, and get on with your life.

How long can your car be held from you after you have paid the repossession fees and back payments?

The lienholder is generally not required to return the car unless the loan is entirely paid off. They may choose to do so upon receipt of back payments and reposession fees (or any other arrangment they negotiate with you), but that's up to them. If you have a history of sending bad checks, it's reasonable for them to insist on waiting until the checks clear your bank, normally a week or so.

Can a vehicle be repossessed once bankruptcy is dismissed in Birmingham Alabama?

Definately, and they often are. When you filed bankruptcy, you and your property were protected under the automatic stay. When you failed to satisfy the trustee during the bankruptcy and it was dismissed, the stay was lifted. At this time, neither you nor your property are protected. Repossession activities may and often will continue. Repossession is a waiting game. They have seven years from the date of your last payment to recover collateral or take other action to satisfy the debt.

What is the monthly repayment for a 15 year 10000000 mortgage loan finance at 8 percent per annum?

TEN MILLION! Wow! 180 payments of $94,932.33 - IF you start payments immediately - at the beginning of the month. 180 payments of $95,565.21 - IF you start payments waiting 30 days to start at the end of the month.

How many vehicle are waiting to pass on a two lane road a slow moving vehicle is required to move to the right?

Five vehicles or more.

How do you find the repossession balance due after the lender has resold the car without contacting the lendor?

There will be a long waiting period for the bank to send you a notice. You can call the bank for faster answers. There will be a long waiting period for the bank to send you a notice. You can call the bank for faster answers.

Do they have entertainment and vendor machines at vehicle service center's waiting area?

Repairing your vehicle can take a while depending on what you're getting repaired so auto repair shops tend to have a television in their waiting areas along with soda and candy machines.

You may pass another vehicle on the right if it is waiting to?

Never. The only time you can pass another vehicle on the right is if there is a lane on that side you can go into to pass it.

When a driver is waiting?

when the passangers had not yet come.Added; If they are in a vehicle that is "waiting" in a No Stopping, No Standing, No Parking Zone, or in a marked emergency or fire-lane, then they are subject to receive a ticket.

What are your responsibilities as a borrower?

Make your payments on time.If you can't pay, contact the creditor immediately, before the payment due date. Your call demonstrates your good faith. Most creditors are willing to make alternative arrangements if your situation has changed.Don't wait until the due date has passed or until the creditor calls you. Waiting puts you at a disadvantage when dealing with your creditor and that's the last thing you want.

What is the purpose of temporary tags for vehicles?

To show your vehicle is street legal while waiting for permanent tags.

When one vehicle is towing another by means of a chain what does the chain need have displayed on it?

We are not too smart doing this. Never tow a vehicle with a chain, as this is a accident waiting to happen.

Do people running marathons have a car waiting for them at the finish line?

People running in marathons generally do have a form of transportation nearby when they cross the finish line. However there is not a car waiting on them provided by the marathon, it will be there own vehicle, or a friend/ family memeber waiting for them.

What happens when a car repossession agent can not find car?

They continue searching for it. Repo agents investigate. They don't just give up if the car isn't waiting for them when they show up. They'll figure out the habits of the debtor, they'll keep a close eye on them... basically, they'll make it pointless for the debtor to hold onto the car, because the risk of them hooking and booking the vehicle will always be there anytime the vehicle is taken into public. That's on the recovery agency's end. As for what the lienholder will do, that depends on a number of things. The lienholder is the lawful owner of the vehicle, and thus, has legal options available to them.

How can you keep a car from being repoed if you made payments after filing Ch 7 but fell behind while waiting for disability and only owe 9 payments?

No "magic" answers here. CH7? did you re-affirm or just assume everything would be OK?? continually paying? well, why does the lender want to cut off their cash flow by repoing? OIC now, what does "i ended up on public assistance while waiting for disability to kick in" have to do with the question??? 9 payments left??? make them and the repo will be stopped.

What is forbearance?

1. The act of waiting, the exercise of patience. 2. Indulgence, especially towards enemies. ( 2. (In the context of mortgage) Loan borrowers sometimes have problems with their payments due to unexpected circumstances. This is certainly a problem which may cause the lender to start the foreclosure process. To avoid this situation, lender and borrower have the option to make an agreement called "forbearance". According to this agreement, the lender delays his right to exercise foreclosure if the borrower could catch-up his payment schedule in a certain amount of time. This time-period and the payment plan depend on the details of the agreement which are accepted by both of the parties involved.

What do you need to do to claim an abandoned vehicle in NH left on your property?

To claim an abandoned vehicle in NH left on one's property, the police has to be notified first. Once police cannot locate the owner, there will be 3 months waiting period before the vehicle can be claimed.

How does Gatwick valet parking work?

When you arrive at the airport, go to the relevant terminal, where a valet will be waiting for you. Leave your car with the professional valet. He will take your vehicle and park it at the safe parking space. When you return your car will be waiting for you at the terminal.

What can you do with a charged off vehicle when the lien holder has the title and you have the vehicle?

File a quiet title at the court house, if bank doesn't show up, car is free of liens. Then you can request title.Title for a Charge-OffCall a local towing company to come get it as a towaway. Or sell it for parts.The vehicle cannot be sold, parted out or whatever. A "charge off" does not indicate that the lender or lien holder is giving the vehicle to the borrower. It means the they have given up normal collection procedures and will now have the vehicle repossessed either by self-help or a replevin order depending upon state laws. The other option is the lender will file a lawsuit to recover what is owed on the vehicle plus any added penalties and legal fees. A title win a lien holder on it is not a clear title and any attempt to circumvent the law by selling said vehicle for "junk" or under false pretenses can be leave the borrower/owner open for criminal prosecution and civil penalties.In reference to last answer: When I first got behind in my payments (3 mo.) the bank called and said the vehicle will be repossessed within 30 days. Nobody ever came. I never hid it, or tried to keep it from them, i just waited for them to take it. So after 90 days of waking up wondering if it had finally been taken yet, I got tired of waiting and called the bank. (At the time, First Union) They told me the loan went straight to "Default" and passed over the repossession process. This made no sense to me what so ever. Why would they leave a two year old vehicle with the person who could not pay on it and not try to collect it and sell it to makeSOMETHING off the loan? So I actually asked to talk to the repossession company which WOULD have been used to collect my vehicle. They too told me the same thing, that the loan went straight to default and no collection would be made. I called the bank back and kept asking to speak with the person in charge all the way down to the President of something (can't remember) and he confirmed that there would be NO COLLECTION attempt. I explained to him, I have the vehicle here, I will drop it off to YOU anywhere you tell me to go. He declined the offer and said by law he could not accept it because the loan had gone straight to default. I asked him how is this possible? He said he honestly didnt know, and that because the loan had already gone to default, nobody at First Union no longer had any power to collect the vehicle, and that it will now show up on my credit as a defaulted loan. (And it has) That was SEVEN years ago!

Is fueled an pronoun?

No, the word 'fueled' is the past participle, past tense of the verb to fuel. The past participle of the verb also functions as an adjective.Examples:We fueled the car before starting our trip. (verb)The agency had a fueled vehicle waiting for me. (adjective)A pronoun is a word that takes the place of a noun in a sentence.Example: The agency had a fueled vehicle waiting for me. It was ready to go. (the pronoun 'it' takes the place of the noun 'vehicle' in the second sentence)

How many days do they have to wait before they resell a car after repossession in Missouri or can you charge storage?

How many days I havent located yet. I dont know of any state that requires of more than 30 days waiting time before the lender can dispose of the repoed collateral. STORAGE??? FROM DAY ONE. Notice of default, contents, form, delivery. 408.554. 1. After a borrower has been in default for ten days for failure to make a required payment and has not voluntarily surrendered possession of the collateral, a lender may give the borrower and all cosigners on the credit transaction the notice described in this section. A lender gives notice to the borrower and cosigners under this section when he delivers the notice to the borrower or cosigner or mails the notice to him at his last known address. 5. In the case of a second default on the same loan made pursuant to section 408.100 or on the same retail time transaction as defined in section 408.250 or in the case of a third default on the same second mortgage loan as defined in section 408.231, the notice described in subsection 2 of this section shall indicate that in the case of further default, the borrower will have no right to cure.

Should dump trailers be driving on major roads or are they an accident waiting to happen?

Driven correctly dump trailers should be fine to drive on major roadways. Potentially any vehicle is an accident waiting to happen when driven inproperly.