Yes. You will be served with an order to appear. On your court date, you will be ordered to surrender the vehicle and the lender will be given a replevin by the court. This is in essenece an order by the court for you to return the vehicle to the lender. When the replevin is served, you will surrender the vehicle or you will be taken to jail and remain there at least until the vehicle is surrendered, perhaps longer on felony charges.
Repossession is what is commonly thought of as a "REPO". A self-help repo is permitted by most states. "Writ of Replevin" is the other legal option that a few states require to do the same thing. The state makes money by requiring the Replevin. BOTH have the same effect on your credit. A repo is where a lender contacts someone to pick up the vehicle. You, at that time, do NOT have to surrender the vehicle. A "Writ of Replevin" is where the lender gets a court order signed by a judge for you to surrender the vehicle. It will be served by a Sheriff's officer, with the repo man in tow, and you will then have to let them take the car. Otherwise, you are in contempt and it is not worth it to defy a court order. That is the only time you have to surrender the vehicle.
Can you surrender your vehicle after filing chapter 13?
The order must have been issued by a court and you had the opportunity to defend yourself. You must now obey the court order or you will find yourself in more trouble: contempt of a court order.
Sort of. In many states hindering repossession is a crime. It is not exactly grand theft auto, but it is comparible. More often than not, the lender would obtain an order of replevin, a court order for you to surrender the vehicle. When the repossession agent returns with this order, if you still refuse to turn over the vehicle, the law enforcement officer accompanying the agent will arrest you and take you into custody, and then you will surrender the vehicle or remain in jail.
No, not unless there is a court order for you to release the vehicle.
Get a court order to cut the chain and sieze the vehicle.
You petition the court for relief under a replevin. By doing this the court will order him to surrender the vehicle to you. You should be prepared to be able to produce evidence of your attempts to secure the unit on your own, or your court fees will be wasted.
Yes and no. A writ of replevin is a court order to surrender a vehicle. Anyone who interferes with such can be arrested and held in contempt of court. This includes you, or any third party in possession of the vehicle. The mechanic's lien is a matter between you and the mechanic. If the repossessed vehicle is sold, and the proceeds exceed the amount of the original remaining loan balance, then any remaining money from the sale must be paid to the mechanic to satisfy his lien.
Only if you are the holder of the loan, or a court has ordered the surrender of the vehilce to you. As a simple lien holder, you can only block the transfer of the title and possibly recover from the sale of the vehicle.
The Confederate surrender at Appomattox Court House was in the year 1865, on April 9th.
obama did it!!!!!!!!!!!
You are likely thinking of a writ of REPLEVIN. It's a Court Order for the vehicle to be served on the customer for the vehicle.
They don't require a court order to repossess a vehicle... the only way a court order would be required is if the court had ordered you to give up your vehicle as collateral if you found yourself on the losing end of a lawsuit or something to that effect. A vehicle which is paid off cannot be repossessed, because the lienholder - who is the lawful owner of that vehicle while they hold the title - is reclaiming their own property after a lessee fails to meet the conditions of their contract.
No, but they can be cited for contempt of court if a replevin or other court order is issued for the recovery of the vehicle.
You need to file for replevin in court. You will need to present evidence that the order is warranted. If the court is satisfied, you will be issued the order.
Seizure of a vehicle by a state or local police agency has to be authorized by a court in the state where the seizure is made. If the vehicle is evidence in a crime, it wouldn't be difficult or unusual to get such a court order. A police agency couldn't just cross a state line and take a vehicle to bring it back into their state without a court order. If the seizure is being made by a federal agency, no state court order is necessary.
Yes, they can. And then they can have charges filed against the borrower, the most likely suspect in the theft. They can also file for a replevin, a court order for the borrower to surrender the vehicle, and failing to do so can result in the arrest of the borrower on charges of contempt of court.
Yes, if they have a court order and/or if the vehicle is listed as stolen and/or used in the commission of a crime.
If law enforcement is armed with a court order or warrant, you must surrender the information requested in that order.
If the vehicle is in your name, and the courts have issued an order to surrender or liquidate real property, yes.
If the bank has an order from a judge to liquidate or surrender property to satisfy a judgment, then yes, they may.
Present proof of your ownership and the lien contract to court and get a repossession order.
Not without a replevin order from the court of jurisdicition.
The person whose name the vehicle is registered in retains ownership of the vehicle, unless there is an agreement or court order to the contrary and one partner transfers the registration to the other. If the vehicle is registered to both partners, then they retain joint ownership until such time as the vehicle is sold or transferred. Sale or transfer may be a requirement of an agreement or court order.