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Repossession

Is it a crime not to allow the car to be repossessed and what happens if the bank cannot find the vehicle?


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2015-07-16 18:17:34
2015-07-16 18:17:34

"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 who has it. Simple as pie.

No, it is not a crime as long as there is not a court order in effect.

It is a civil matter, not a criminal matter.

If the vehicle is secured in a locked building, the tow driver can't get the vehicle. You do not have to answer any of his questions, or tell him where the car is. That's legal.

If the lender gets a "Writ of Replevin", a court order, it will be served by a Sheriff's Officer, and that you will have to abide by. If you refuse to surrender the car at that time, you can be aressted for violating that court order.

If there is no court order, you can hide the car all you want and DO NOT have to tell the tow driver anything.

It only becomes a criminal matter if a court order is in effect.

Remember, the repo tow drivers will tell you anything, however they CANNOT threaten you with arrest. That's illegal!

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If you cannot produce a "clean title", you cannot sell or trade the vehicle.

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In New Jersey, it is the responsibility of the person who registered the vehicle. When the vehicle is repossessed, the person from whom it was taken will be contacted to allow them to pick up their belongings. At this time, they will be given the plates as well as any other personal items left in the vehicle. They can then be returned to the agency.

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Yes, in some states. The shop can file a lien against the vehicle, as the rims are now part of the vehicle. Some states only allow them to repossess the rims.

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While most creditors will allow you to have your vehicle voluntarily repossessed, some lenders will not accept them. Your best resolution in this case is to contact the finance company and determine why they will not collect the vehicle. Ensure that they are indeed accepting the voluntary repossession. You will still be required to pay the remaining balance unless you are told otherwise.

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Depends on the contract you signed and the state that you live in. Some states require a 15 or 20 day Right to Cure letter be sent to the debtor prior to repossession and some states allow the vehicle to be repossessed the day after you miss your payment.


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