The fact that you have a repossession on your credit report is not a determining factor of whether your can file for bankruptcy. Generally in bankruptcy you can remove the debts from the repossession of your vehicle.
Call the Dept. of Motor Vehicles in your state. They handle it, they will tell you how.
In civil court in the county where the debtor resides.
File a complaint against him, or file a civil suit against his agency or department.
In GA Can you get your car back after a repossession if you file chapter 13 bankruptcy
If there is an outstanding balance regarding the original loan amount after the vehicle is sold at public auction the lender can file civil suit against the borrower/debtor. If the lender is awarded a judgment it can be executed as a wage garnisment or other methods of recovery of monies owed as allowed by the laws of the state.
To start a repossession business you must file the appropriate business license. Many repossession businesses also have insurance and a bond for their business.
Yes. He can file charges of theft if the vehicle is in the possession of someone other thant the debtor or codebtor. He can have the lender file charges of hindering repossession. He may be able to file charges of breaking the peace if the party holding the vehicle does not quietly turn over the keys and cooperate with surrendering the vehicle.
It depends of which B/K you file and whether you complete it.
file bankruptcy that bay you wont loose your stuff
Yes, it is a contract violation.
Well, first, you'd have to explain how the repossession was illegal. There really isn't any such thing as "illegal repossession"... repossession is a legal process by which a lien holder can recovery property which does belong to them in response to a delinquency of payment or violation of the contract.A vehicle which has no grounds for repossession but was taken was not repossessed - that's theft, plain and simple, and if that's the case, then you'd file a police report, an investigation would commence, arrests would be made, and you'd either recover your vehicle or get an insurance payment if the vehicle was unrecoverable. I'm guessing that's not the case, since you're asking this question here.State laws on time which a delinquency must continue for before seizure of assets can be made varies by state... if this law was violated, then you're going to have to lawyer up and take the legal route against the lienholder (the repossessor is not liable in this instance, as they are contractors following the instructions of the lien holder).A criminal act on the part of the repossession agency has occurred if...A locked gate is breached in the course of the repossession.A secured building is unlawfully entered in the course of the repossession.A vehicle other than the one being repossessed was entered without permission during the course of the repossessionProperty damage occurs during the course of the repossession.In the case of a commercial vehicle, a cargo payload is taken with the vehicle.A trailer attached to the repossessed vehicle which itself is not up for repossession is taken with the vehicle.In those instances, a police report needs to be filed. However, if the repossession itself is legit, that still won't get you the vehicle back.
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.
If the vehicle is salvage property, say recovered from the side of the road by a tow truck company contracted by the DOT to do so, and all outstanding storage fees have been paid, contact the DMV to obtain a salvage title. If you are a mechanic or repair shop, and the vehicle was abandoned and you have made every attempt to contact the owner to claim his property and pay his debt, file for a mechanics lien with the local district court. Wait another thirty days, and file for repossession of the vehicle with the same court to cover the outstanding costs. Once you obtain a legal order for repossession, you contact local law enforcement to report the vehicle repossessed, and file for a new title with the DMV.
There is no specific time limit for a repossession in Florida. Florida law does not require a creditor to give notice before starting a repossession.
No. They're only legally entitled to enter and move the vehicle which they have an order for repossession on. If this has happened to you, you need to file a police report.
Yes. You can file a suit in civil court.
You need to file a civil lawsuit.You need to file a civil lawsuit.You need to file a civil lawsuit.You need to file a civil lawsuit.
The judicial method of repossession - in other words most states allow for self-help repossession but when a repossession can not be accomplished using self-help the lender will file an action in court to recover the property
There is nothing about a repossession which prevents eligibility to file for bankruptcy.
A vehicle is considered a secured debt. Therefore there is no SOL governing the repossession or collection of amount owed. The vehicle legally belongs to the lender/creditor until payment is made in full. * There is an SOL pertaining to when the lender may file a lawsuit to recover any outstanding debt. Vehicle loans are considered written contracts and under NH law the SOL for a written contract is 3 years.
The question is unclear. If the repossession agent broke into a garage or other structure to secure a vehicle, then he is in violation of law, state and federal law. This being the case, you would do as you would for any other breaking and entering situation...call the police and file charges.Additionally, if this is the case, you would hire a civil litigator to file a claim in state and federal courts against the driver, anyone who was with him at the time, and the company that employs him for violation of the FDCPA (Fair Debt Collections Practices Act) and pertinent state laws. The federal law permits at least $50,000 in court cost, $50,000 in legal fees, and substantial punitive damages. Not to mention, a vehicle repossessed in such a scenario has been wrongfully repossessed and must be returned at no cost to you.If the vehicle was simply repossessed because you failed to honor the loan contract, then there was no breaking and entering, and you have no recourse.
Yes, provided there is still an outstanding balance after the repossession and resale are completed. This is the case in most situations, due to the added cost of repossession, storage, and transport of the vehicle that will be assessed to you. If it remains unpaid, the lender may (likely will) file legal actions against you to recover the balance.