the state the car is in govern the repossession, the lenders choice on which state governs collection efforts. Read your contract.
In some states, most that is at this point. However, most states are also passing or reviewing legislation that would prevent the registration of a vehicle up for repossession, and in some states such as Florida, the registration of any vehicle to a person who has a vehicle up for repossession.
This depends on the state in which the repossession happens. Not all states require repossession agents to be licensed. All states do require they be insured. Another way to look at this is, if an employee of the lender comes and repossesses the vehicle, they do not require a repo license in any state.
No you can not "legally" hide a vehcile being sought for repossession. In most states you can be charged with a felony for hiding one.
As far as I know there is no statute of limitation on auto repossession in any state. Check with your state Attorney General to be sure. I will post a link for you to read. Repossession should be your last resort. Hiding a vehicle from repossession is a crime in some states. The consequences of repossession are always bad for you.
Federal and states laws do not allow repossession agents move a vehicle that may be blocking in a wanted vehicle without the permission of that vehicle's owner. That being said, most agents will not hook a blocking vehicle to move it for liability reasons. That being said, there are exceptions to every rule, and there are some less scrupulous repossession agents who will do whatever they deem necessary to get a wanted vehicle. These are the exception and not the rule.Here's the thing: if an agent has moved a vehicle that you had blocking in another that was up for repossession, contact your states bureau of licensing and report them. You might also report it to your local law enforcement agency. Additionally, consider that blocking a wanted vehicle to prevent repossession could be a felony in your state; this is called Hindering a Lender, and may be prosecuted like Auto Theft.Another thing to consider is that the sole purpose of the job of a repossession agent is to recover vehicles up for repossession. Blocking in a wanted vehicle makes his job more difficult. Now think about how you respond if someone makes the job you do more difficult. Repossession agents, most of them, are very good at their jobs, and very motivated; if they do not recover, they do not get paid. Now think about where the most inconvenient place would be to have your vehicle repossessed. Church? School? The Winn Dixie as you walk out with melting ice cream and your screaming progeny to see your car being towed away behind the repo truck as the driver waves at you? Make it easy on yourself.
It isn't relevant as both states allow repossession of a vehicle under UCC laws (without a breach of peace).
In some cases yes. In a growing number of states, no. Florida was one of the first to pass this new law. In the state of Florida, if you have a single vehicle up for repossession, you may not be able to register ANY vehicles you own.
Repossession letters are not required in every state. In some states, face to face notification of the repossession suffices, and when the driver came to hook up your car, if you had a conversation with him at all (even if it consisted of you yelling "Hey!" and him gesturing to you) you received notice.
YES, in most states under most conditions.
In most states, you as the debtor have thirty days to redeem the vehicle after repossession. This can vary slightly from state to state, and most repossession agencies prefer to turn vehicles around as quickly as possible.
All US states require the repossession agency be licensed and bonded.
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..
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.
Depends upon the company/agent who has the contract for repossessing the vehicle. They only get paid if they recover the vehicle so in most cases they "look pretty hard." Please note, that the majority of U.S. states do not require a replevin order for vehicle repossession matters. However, if such an order has been issued, the person who is named can be held on a contempt of court charge if he or she tries to interfere with the repossession. Please check your state statutes concerning the type of action repossession agents can employ for recovery of the property.
No, provided the contract was entered into legitimately by you, and in some states you do not attempt to hinder the repossession of the vehicle. In the event you entered into the contract fraudulently, you can be charged and arrested for fraud or attempted fraud. In the event you attempt to hide the vehicle or prevent repossession, you could be charged with hindering the lender, or in some instances for auto theft.
In most states, yes. Provided the repossession company made a good faith effort to secure the unit, especially if their efforts motivated the borrower to make good on the bad debt.
Depends on the state. Some states require that the plate be left with the debtor. Others say the plate stays with the vehicle. Some states seize the plates if the insurance was lapsed on the vehicle. Best to call the state atty gen. where you are and ask.
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.
Notice is not necessary in all state prior to repossession. In fact it is not necessary in most states. If you have paid current on the loan, and the repossession occurred anyway, this is likely a communication lag between the lender and the repossession company. It happens often. Contact your lender and explain what happened. Be patient and polite--they are not required to return the vehicle. They likely will because they want your money not the car. Ask the lender how you can get your vehicle back. Ask them who has your vehicle, and call that company to explain the vehicle was "wrongfully repossessed" and why. Again, be patient and polite--these people have your car.
The vehicle belongs to the lien holder until the lending contract is paid in full or settled as agreed between the borrower and the lender. The DMV will not issue a clear title to a vehicle which has a lien attached. A vehicle is considered a secured debt therefore the SOL's is not a factor. The circumstances are such that it is highly likely a lawsuit will be filed as the lender would be able to recover a greater amount without the aggravation of a vehicle repossession and resale. When the lender can prove the borrower willfully avoided the repossession action additional damages can be awarded at the judge's discretion. In some states a borrower can be charged with a criminal misdemeanor for "hiding a vehicle" that is subject to repossession.
No, repossession is a civil action not a criminal one. You can be held financially responsible for the debt, though, regardless if the divorce petition states otherwise.
States establish repossession laws and the procedure will differ depending upon the state in which the vehicle is located. The one factor that is common in all US states to repossess a vehicle is that the person seeking the recovery has a legal right to do so. For example, the party who is owed the debt is shown as a lien holder on the title of the vehicle.
I own a repo company in Washington state, so I'm not a expert in Georgia laws, however in most cases states consider repossession or self-help repossession to be a civil matter. Most likely your local PD would not take action against you. This is provided there is not a court order, forcing you to turn over your vehicle.
YES, states honor each others judgements. Same as suspending your DL cause you got a ticket in another state.
There are no such lists available to the public. The repossession agent is allowed to recover the vehicle at the original lender's request. In some states notice is required and/or a replevin order from the court.