Probably not because the car was really reposessed. When you sign the loan contract you are still obligated to pay the note off. See if they auction the car off or sell it for less than you owe, if you are still obligated to pay the original purchase price. It looks like the bank really makes out on this deal. You pay the full price and they make additional money by selling it again. In the future, if you have a loan and are strapped for cash, call the lender and negotiate a payment plan until you can catch up. They would rather work with you than to get the legal departments involved. Your question is a good one though. Call your lender and see if they will change the status after you have repaid your debt. Good Luck
A creditor can try to collect forever but it's usually not worth the cost of involving the courts.
The amount you will owe the creditor will be the amount of your auto loan (including repossession fees, interest, and collection charges) minus the amount the vehicle sold for at auction. The creditor will notify you of the amount due in writing after they auction off the vehicle.
"debtors" can never repo cars, LENDERS can, even after you make 'arrangements". As long as you are in "default", they can repo.
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.
Under California law, a creditor can repossess the vehicle if it is in default without notice, even if the car payment is one day late. However, if there is a co-borrower on the loan, the creditor is required to give notice before repossession.
The creditor can obtain a replevin order from the court if it becomes necessary. Wisconsin is the only state which requires a replevin order to be in place before a vehicle can be recovered. All other states allow repossession under the UCC laws, although some do require the borrower to be notified and given a specified time to bring the account current before the vehicle can be seized..
Relief allows the creditor to continue collection actions/foreclosure/repossession.
No. Repossession is the procedure used by a creditor to take back property through a judicial processes, foreclosure, or self-help when a debtor fails to make required payments.No. Repossession is the procedure used by a creditor to take back property through a judicial processes, foreclosure, or self-help when a debtor fails to make required payments.No. Repossession is the procedure used by a creditor to take back property through a judicial processes, foreclosure, or self-help when a debtor fails to make required payments.No. Repossession is the procedure used by a creditor to take back property through a judicial processes, foreclosure, or self-help when a debtor fails to make required payments.
In most states 10 days but some are longer.
The amount of time it takes a creditor to obtain a writ of plevin for a repossession varies in each state. Based on the local court jurisdiction, processing times to obtain a writ of plevin may take between 15 and 60 days.
You pay what is owed after the creditor sells the car for. So if you owed 10,000 and the creditor sells it for 8000 at an auction, then you would owe the remaining balance.
A divorce decree cannot alter the rights of the original creditor. The court can decided who gets the asset, but the both spouses remain liabile to the creditor.
points don't matter, you will have "repossession" on your record which will turn a creditor away.
No, as they are the legal agent of the original Creditor and the arrangements made with the collection agency are binding on the original Creditor.
Unless you are a creditor, I assume you mean can you surrender a car to the lender in a voluntary repossession. If the creditor will do it, you can. Obviously it will depend on the mileage and condition of the car, but these days it is complicated by the state of the economy, so not likely. You can surrender the vehicle in a Chapter 7, where the creditor has no choice.
No. All SS benefits are exempt by federal law from creditor attachment.
If the creditor will not take it back in lieu of the money owed then you need to sale the bike and pay them their money. Unless the dealer is willing to buy the motorcycle you will still owe the money. Not every creditor will do a voluntary repossession.
Repossession Services Agreement(Download)BACKGROUND:______________________________________, CREDITOR, and ______________________________________, AGENCY, agree:CREDITOR is the owner or collection agent for various retail installment contracts, granting liens on automobiles. From time to time CREDITOR requires repossession services when the various contract debtors are delinquent on their debts, and CREDITOR herewith contracts with AGENCY to perform such repossessions.TERM:This agreement shall commence on _________________________ and terminate on __________________________.TERRITORY:AGENCY shall act as the exclusive repossession service within the following territory:_______________________________________________________________ASSIGNMENTS:AGENCY shall only repossess vehicles upon a written order executed by an officer of the CREDITOR specifying the vehicle type, VIN and borrowers name, or identification of other property. AGENCY shall not release any vehicle to a person other than an agent of the CREDITOR.METHOD OF REPOSSESSION:AGENCY shall repossess the items, which are assigned to it without creating a breach of the peace, and in accordance with any laws or regulations related thereto. In the event that any repossession cannot be accomplished without a breach of the peace, AGENCY shall immediately notify CREDITOR and shall discontinue attempts to repossess unless the CREDITOR reassigns the same.INDEMNITY:AGENCY shall indemnify and hold CREDITOR harmless from any claims related to the repossession activity undertaken by the AGENCY. CREDITOR shall indemnify AGENCY from any claims that CREDITOR did not have a legal right to seek peaceful repossession of the items assigned.INVENTORY:In the event that any vehicle which is repossessed contains personal property, AGENCY shall have 2 persons witness a complete inventory. A copy of such inventory shall be provided to CREDITOR. AGENCY shall release such items of personal property to the debtor upon execution of a receipt of the same.RELATIONSHIP:The relationship between the parties is solely of contracting party and independent contractor.CUSTODY OF VEHICLES:During custody of the vehicles AGENCY shall use all possible care to protect and safeguard the vehicles, and shall deliver the same as directed by the CREDITOR, and CREDITORs expense, in the same condition as received, any ordinary wear and tear excepted.SUB-CONTRACTOR:AGENCY shall not sub-contract its performance without the previous written consent of the CREDITOR.PAYMENT:AGENCY shall receive payment as follows:_____________________________________________________________Dated: ________________________________________________________________________For Creditor_______________________________________For AgencyRepossession Services AgreementReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. This is a standard repossession agreement that can be modified to meet the terms you require in your business activities.1. Make multiple copies. Give one to each signer.
Yes, it is called hindering a creditor, or hindering repossession. It is not likely that you will be arrested for such, but it is far more likely that the creditor will obtain an order of replevin. If such occurs, the repossession agent is likely to return with this order accompanied by a law enforcement officer who will order you to surrender the vehicle. If you refuse you will be arrested, and you will have to surrender the car to secure your release.
Thats a good question to ask your B/K attorney for state specific advice.
yes, as this would make it easier to obtain a judgment and/or wage garnishment for whatever is owed.
No, all SS benefits are exempt from garnishment or attachment for creditor debt of any sort.
If a repossessor comes in with paperwork showing an order to repossess, you should be able to call the listed creditor and verify it.
If you are in "default" on the loan and your creditor has sent you a repossession notice then they can take it back at any time.