If there is suspicion that you are hiding th vehicle and effectively are guilty of theft, yes. Remember that once the lending institution gets a judgement, the vehicle is theirs and you no longer have any right to it. * If the lender obtains a replevin or other court order the judge might allow them to apply for a warrant but it would be rare. Vehicle repossession is a civil matter not a criminal one and the courts are very reluctant to overlap the two issues.
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.
Not in most states, in a very few the lender must notify the borrower with a letter of intent to repossess and give the borrower a specified time as established by state law to bring the account current. Wisconsin is the only state that requires a replevin order to recover a vehicle. All other states operate under the UCC and the repossession laws (breach of peace laws, recovery agency requirements such as bonding, etc.) related to the area in which the vehicle is being recovered. The recovery agent/agency is required to notify the law enforcement agency that has jurisdiction in the are where the vehicle is being seized.
Pay the past due amount on the loan or pay the loan in full. In the event you are able to do this, it is a good idea to have the lender contact the repossession agency to cancel the repossession while you remain on hold. If you fail to do this, it could take several hours for them to notify the repossession agency, and your vehicle could still be taken.
If it truly was a wrongful repossession, call local law enforcement and report the vehicle stolen. If they notify you that it was repossessed, inform them that it was a wrongful repossession. Next, contact the lender and demand politlely that they notify the repossession agency that the vehicle was wrongfully repossessed. You might even, still politely, suggest some sort of compensation for you inconvience. Also ask for the contact number of the repossession agency. Call them and notify them also of the wrongful repossession. Suggest also to them some sort of compensation for your incovenience. Vehicles that are wrongfully repoed must be returned as soon as possible and in the same condition as when taken. If there is damage, the lender and the repossession agency are liable. If you are not satisfied with how quickly your vehicle is being returned, push the auto theft charges.
Yes. Under the self-help repossession laws a repossession agent can contact you at work and request the location of the vehicle. If, however, you request in writing of the repossession agency that you no longer be contacted at work, the agency is required by the Graham-Leach-Bliley Act, and the FFDCPA to cease all contact with you at your place of employment, unless they have no other means of contacting you, and then only to notify you of changes in the status of the recovery of the vehicle or the account.
The lender regardless of status (corporation, bank, "buy here, pay here" private seller, etc simply needs to hold a valid lien against the vehicle and have the vehicle recovered by a licensed repossession agency. A few states require the borrower to be notified before a repossession is possible, in most states a vehicle can be recovered as soon as the contract is defaulted upon. Wisconsin is the only state that requires a lender to obtain a replevin order from the court before seizing a vehicle.
Wrongful repossession insurance??? Coverage for when the Repossession Agency wrongfully recovers an asset for a myriad of reasons.
No months. It will be more like weeks or days. In practice, you can be one day past due and the lender can send your vehicle for repossession. It might be months before the actual repossession happens; it will depend on how difficult it is for the agency to secure it.
In the state of New York, provided there is a legal order for repossession, once the vehicle is located, it may be secured and recovered. The repossession agency has 24 hours to notify the registered owner of the repossession, but they are only required to do so by mail, and may do so to the address of record on the registration. They do not have to notify anyone at the time of repossession other than local law enforcement of jurisdiction. They must inventory and secure any property contained in the vehicle, and may charge a storage fee for that property.
Not only does Honda have insurance on the vehicle, so does the repossession company, the storage company, the transport company, and the aution agency.
The state of Alabama is a self help repossession state, therefore a repossession agency is not required to notify you before they repossess your vehicle. Repossessors are under various state and federal laws and regulations and are prevented from breaching the peace among other things.
A repossession agency cannot enter a garage locked or otherwise to recover a vehicle unless the agent has a replevin (court) order to seize the vehicle. Additionally, a vehicle cannot be gifted in the usual sense, to another person unless there is a clear title, meaning the vehicle has been paid for in full and there are no lien holders. If the title is not in the person's name who has the vehicle, they do not own the vehicle.
Laws vary by state, but, generally, yes. They'll notify the law enforcement agency with jurisdiction in the area where they're repossessing the vehicle from, and the law enforcement agency will typically give notification of the repossession if the vehicle is reported stolen. However, most people with vehicles up for repossession are aware of it, and can put two and two together.
No, there is no debtor's prison in the US. If a collection agency has called you and has made this threat, contact an attorney and consider filing charges against them in federal court for violations of the Fair Debt Collections Practices Act. Be open to settling out of court, but do it for nothing less than ten times the balance they were attempting to collect.If it was a repossession agency that was contacting you and you are hindering the lender in recovery of their collateral, then you could be arrested in some states. This would not be for the debt but for the crime of hiding the vehicle (hindering) or refusal to surrender it (theft or contempt of court).
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.
Only if the repossessor has an order for repossession of the trailer, as well. And even then, only under certain circumstances. If it's a commercial tractor trailer, and there's a load in that trailer, they may not take it, as the order of repossession does not cover the load, and they will face criminal charges if they do such.In the course of repossessing a vehicle, the repossession agency may not enter or move any vehicle (including a trailer) which is not in their order for repossession. They may detach a trailer from a truck being repossessed, but they can't actually take it.
AnswerYes, as long as it is not inside a garage or building that is either locked or unlocked. The other exception is the repossession agency may not commit a breach of peace as defined by state law while recovering a vehicle.. Also the repossession agency is not allowed to cause property damage in order to take possession of the vehicle,such as if the vehicle has a chain/cable wrapped around the rear axle secured to a pole with a padlock..They can not cut the chain/cable or the padlock because doing so is malicious destruction of property....
You present proof that the repossession never occured. You can dispute it with the credit reporting agency.
No. The repossession agency/agent can obtain a replevin order to be served on the person to whom the vehicle is registered and if said person(s) do not comply they can be held in contempt of a court order.
Every state requires repossession agents to carry insurance. If the vehicle is damaged during a repossession or especially a wrongful repossession, the agency that secured the unit must have it repaired at their own cost, or as a matter of insurance claim. Remember, do not sign for acceptance on the repairs until you are absolutely satisfied that they have been done properly.
All US states require the repossession agency be licensed and bonded.
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.
That is a decision made by the lender, and some do have photographs taken before the car is seized, but it is not a legal requirement. The repossession agent/agency does not assume responsibility for any damage to a vehicle that happens while it is being recovered.