Can the court order you to surrender your vehicle?
An order of replevin will force you to turn over the vehicle or face charges of contempt of court.
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…
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…
How do you force a brother-in-law who is on the certificate of title to turn over his car for not repaying a personal auto loan from you?
They cannot issue a warrant to have you arrested for non-payment of your car loan. Worst case: They have sent a repossession agent to retrieve the vehicle but you have hidden it and he cannot find it. If you avoid repossession for long enough and refuse to cooperate, the lender may get a court order (writ of replevna) demanding that you surrender the vehicle. This order will be delivered by the county sherrif, not the…
Can a person be charged with grand theft auto under repossession if the vehicle can not be repossessed?
Is it a crime not to allow the car to be repossessed and what happens if the bank cannot find the vehicle?
"Is it a crime not to allow the car to be repossed? YES, its called "Hindering a Secured Creditor". What happens if the bank cannot find the vehicle?": How can they NOT find it?? Cars DONT fall off the face of the earth. Some one somewhere HAS the car. If the debtor doesnt have it, the debtor should report it STOLEN(if they dont know where it is). If they know, they should tell the lender…
Would it compromise the repossession of a pickup truck if a travel trailer was attached to the back of it?
What happens is this, the vehicle gets repo'd. You still owe the deficiency after the vehicle is remarketed. The bank will take you to court for the deficiency. If you do not pay the deficiency if you are ruled against, they may garnish wages by court order. It takes legal action for wages to be garnished.
No, they can not touch the car while anyone is in it, that would be kidnapping. But be careful they might call the police and if you live where the police are corrupted and they are so called, bad cops, then you will get arrested. NO, Just drive away. If the police are called, they cannot force you to surrender the vehicle since it is a civil matter, not a criminal matter. It will turn…
April 9 1865 was the day that General Lee surrendered his troops (the army of Northern Virgina) to Grant, the confederate government led by president Jefferson Davis never did surrender, to this day the Confederate States Of America is an occupied Country. The Confederates surrender on 1865 at Appomattox Court House.
A bond surrender is when a bonding company or surety relieves themselves of the bond obligation, and returns the defendant to jail. Reasons of a bond surrender may vary. Generally means the defendant either missed a court date or violated a bond condition while out on bail. I am a bail bondsman in Tennessee.
If you are in the process of a bankruptcy, it is not likely that you would be able to secure a loan. If you are paying cash, and the court learns of the sizable asset, your bankruptcy may be vacated, or you may be required to surrender the vehicle. If the bankruptcy is resolved, there is nothing other than the dealer's and lender's personal judgments that would stop them from selling the car to you.
I would surrender the car before the registration is due. Once you surrender the car, the car will go to auction and sold for the highest bid. You will then need to either pay the deficit to the finance company or file for bankruptcy protection to elimiate the debt. NOT if you turn it in B4 its due.
What can the buyer do when they have reached an agreement with the creditor to recover a repossessed vehicle but the repossession company refuses to return personal items or release the vehicle?
Take them to court. * It is possible they are within their legal rights to hold the vehicle and its contents if a replevin order or other court order is in effect. Often the lender's agent cannot release the vehicle until they are informed by the lender that all the reaffirmation documentation has been finalized including checks clearing, insurance confirmation and so forth.