No check the Fair Credit AcT its online. I wasn't sure if they fell under the umbrella of 'collection' practices. Thank you so much!
No, a juvenile cannot enter into such an agreement and the repossession agent could be held legally accountable for attempting/taking part in such action.
Till they find it.
No. The only vehicle that can be repossessed is the vehicle for which the agent has a valid order of repossession, OR in some cases, a vehicle the agent encounters (such as reported by a camera car) in the process of locating another repossession. Anything other would be wrongful repossession or possibly grand theft auto and extortion.
this is a GENERIC definition... BOP is usually decide in the APPEALS Courts. Links at the bottom Breach of Peace. However, even if there is a right to repossession, the repossession agent cannot Breach the Peace in conducting the repossession. That means that the repossession agent in repossessing the vehicle cannot: forcibly remove you from the vehicle; stop you on the street or highway like a law enforcement arrest; enter a closed garage or your home; break into your house; create a disturbance such as a fight or other altercation; threaten any of the above actions; or pretend to be a law enforcement officer while conducting the repossession. If any of these actions occurred you should immediately contact an attorney. courtstuff.com
After repossession, the lien holder or agent sends information on how to reclaim the vehicle; if the owner does not respond or cannot repay the outstanding debt, the agent removes all personal belongings and sells the vehicle at auction. You will then be liable for the difference in what it sells for and the balance on the loan plus repossession fees.
I am a repossession agent in Virginia it takes 2-3 months of not paying before the repossession status occurs.AnswerI am a repossession agent in Virginia it takes 1 missed payment then repossession status occurs.
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.
Pay the note or lose the car. The vehicle may be recovered from any location that is discovered provided the repossession agent does not violate the FFDCP Act or break the peace. If the debtor breaks the peace, that is on the debtor; many go to jail for such behavior.If the repossession agent is not able to notify the debtor that he has secured the vehicle, the agent is legal bound to contact the jurisdictional law enforcement agency that a repossession has taken place with 24 hours of securing the vehicle. Most contact law enforcement as they are driving away from the recovery.
No, that would constitute a "breach of peace" . However the repossession agent can call the police and request assistance some departments will comply, many will not due to the fact that it is a civil matter. However, if the repossession agent has a replevin order from the court the police will assist him in recovering the vehicle.
after a legal process the lender can both sue and have you arrested.
Yes. The repossession fee is like a tow bill. They did pick up the vehicle. The storage fee is the time it takes to get the vehicle off of their lot. Each day adds another day of storage fees.
Legally, no. This would fall under wrongful incarceration or kidnapping. The repo agent can block the vehicle in until that person gets out and then hook the unit. If the person re-enters the vehicle afterward then all bets are off. If the police are called in this situation, someone is likely to go to jail for breach of peace, and the repo agent has a legally binding notice of repossession.
WHAT CITY / STATE IS THE VEHICLE IN? YOU CAN EMAIL ME DIRECT @ SOUTHERNWRECKERSERVICE@YAHOO.COM
You will get arrested because the government can track you down. BEWARE!
While the debtor does not have to unlock the vehicle, turn over the keys, or allow the repossession agent access to the garage, purposely attempting to hide the vehicle can be considered a crime if the debtor does it with the intention of hindering a secured creditor from obtaining access to its rightful property. That said, the debtor is not obligated to assist the repossession agent in any way in obtaining the vehicle.
NO repo agents are not certified in VA but to be a private eye you would have to be certified by the state a VA
No. Not if the circumstances are as simple as stated. Repossession is a civil law procedure, not involving criminal law -UNLESS- the vehicle HAD already been re-possessed and you went and took it back from the repossession impound lot, or the repossession agent or the bank. If it had already been taken and impounded then, yes, you could be charged with auto theft.
When you purchased the car, you may have received a lien title from the state. This is not a clear title of ownership. The lender in essence still owns the vehicle, at least part of it. It is held in security for the loan. If you are a repossession company or agent, you will be required to have an order of repossession. But, if you are a repossession company or agent, you should already know this.
Repossession of what? Who? The repo agent?
As a repossession investigator and agent liason, I can tell you that yes, in fact, I know of several instances of felony charges being filed against an individual for hindering repossession of a vehicle. Your lawyer's response may have been motivated more by the fact that he felt confident that he could successfully prevent prosecution, but nothing will prevent the vehicle from being repossessed aside from the destruction of the vehicle. In the event the possessor of a vehicle under repossession were to destroy a vehicle to prevent that repossession, he could then be charged with malicious destruction of private property and hindering a lender.
Yes, as long as there is no breach of peace. The repossession agent cannot break a lock or damage property. They can only recover the vehicle which is behind a fence only if it is accessible.
In most cases none. All things being equal, it will be your word against the word of the repossession agent. Most repossession agents are very familiar with local judges and law enforcement. You defaulted on your loan note. It is likely the word of the repossession agent will carry more weight.