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Call one of those attrneys that advertise on TV. IF they take your case, you got cause.

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โˆ™ 2004-12-30 17:49:50
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Q: Is there any legal recourse if your car was repossessed and later returned due to a clerical error on the part of the financial company?
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Related Questions

Can a car purchased and registered in Florida be repossessed in Georgia and returned to Florida?

Most definitely.

What changes occurred in women's work roles during the postwar years?

many women lost their industrial jobs but returned to clerical jobs

Can you get your car back after it has been repossessed in the state of Iowa?

Yes, there are some instances that a person can get a repossessed car back in the state of Iowa. If the person pays all the money owed plus a repo fee, the car may be returned.

You were notified the loan was not approved and you needed to return the car you never returned the car or had it registered in your name and it was never repossessed how do you get rid of it?

Return it to the dealer.

In the state of Colorado if a vehicle is repossessed do the personal items in this vehicle have to be returned?

As soon as your vehicle is delivered tot he storage lot, it is typically inventoried. That is all personal items are listed and placed in storage. Upon your request, these items will be returned to you. Keep in mind thought that you may be required to pay storage for these items before they will be returned.

Who is responsible for returning tags when vehicle is repossessed?

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.

Does your partial downpayment have to be returned to you if you never paid the balance and the dealer repossessed the car a few weeks after purchase?

NOT unless the contract stipulates that it will be. Otherwise, it is a contract in DEFAULT with the collateral in the lenders possession.

What happens to payments made after a car is repossed?

Payments made after a car is repossessed will no longer be returned to the debtor. In fact, the lender can still require the debtor to pay the remaining balance of the loan.

Did one Indian family live in a Teepee?

Not Legally. The age of majority in New York is 18. The minor's parents would have legal recourse to have the minor child returned to their custody if they objected to the move.

If your motor home is repossessed and you can't pay the difference what happens?

The motor home is sold and the money received from that is used to pay the difference. Any money left over will be returned t the owner.

Can you file breaking and entering repossession in nc?

The question is unclear. If the repossession agent broke into a garage or other structure to secure a vehicle, then he is in violation of law, state and federal law. This being the case, you would do as you would for any other breaking and entering the police and file charges.Additionally, if this is the case, you would hire a civil litigator to file a claim in state and federal courts against the driver, anyone who was with him at the time, and the company that employs him for violation of the FDCPA (Fair Debt Collections Practices Act) and pertinent state laws. The federal law permits at least $50,000 in court cost, $50,000 in legal fees, and substantial punitive damages. Not to mention, a vehicle repossessed in such a scenario has been wrongfully repossessed and must be returned at no cost to you.If the vehicle was simply repossessed because you failed to honor the loan contract, then there was no breaking and entering, and you have no recourse.

Can a used car purchased in Texas be returned within 72 hours if the transmission goes out?

Depends upon the contract wording. If sold 'as is' then there is no recourse. Most used cars have no implied warranty or guarantee - hence why they are termed 'used'.

If property has been seized before filing bankruptcy does stay apply to said property?

It depends on the nature of the seizure. A repossessed vehicle has to be returned i it has not been auction to a 3d party. If money was seized by a tax agency, maybe.

Why can you repo a car but not plumbing?

A car is "moveable" property which can be seized and returned to the lender.. Once plumbing is installed it is "fixed" property and although it cannot be repossessed and removed, a lien can be filed against the property owner in whose building it is installed.

How would you retrieve stolen items from family members?

If you cannot convince them to return them your only recourse is to report the theft to law enforcement and have them prosecuted. The stolen items will be confiscated as evidence, and if the court case finds them guilty of theft, the property will be returned to you.

If your car has been repossessed is any way to get your personal belongings from it or should you consider them gone too?

NO, you PP should be returned. Call the LENDER and tell them you need to get your PP from the car. they should put you in touch with the repo co. so you can do so.

What do you do if your car got repossessed when it wasnt supposed to?

If it truly was a wrongful repossession, call local law enforcement and report the vehicle stolen. If they notify you that it was repossessed, inform them that it was a wrongful repossession. Next, contact the lender and demand politlely that they notify the repossession agency that the vehicle was wrongfully repossessed. You might even, still politely, suggest some sort of compensation for you inconvience. Also ask for the contact number of the repossession agency. Call them and notify them also of the wrongful repossession. Suggest also to them some sort of compensation for your incovenience. Vehicles that are wrongfully repoed must be returned as soon as possible and in the same condition as when taken. If there is damage, the lender and the repossession agency are liable. If you are not satisfied with how quickly your vehicle is being returned, push the auto theft charges.

A stale dated check to pay off a car loan was returned from a bank auto loan dept with a note stating you had until the 427 to resubmit but your car was repoed on the 14th do you have recourse 4 this?

It seems like this is a common case of miscommunication where the bank unnecessarily repossessed your vehicle. As for recourse, a bank can choose not to accept payment and repossess a vehicle pretty much when they feel like it and if this causes you to become delinquent or if you are delinquent already, they can pick the thing up whenever they want. It sucks, but it's the truth! If you tried to file civil lawsuit, even if you were in the right, they would find some other reason why the vehicle needed to be repo'd, ei: lack of or gaps in insurance, or any reason they can come up with that shows the property was at "risk" -Matt

Can a used car be returned within a certain amount of time if you find out the agreement was not as they agreed?

Although there is no Buyer's Remorse Law that applies to vehicles, you may have legal recourse if they did not live up to the agreement. Talk to the seller before seeking legal advice.

When a car is repossessed is the tow company allowed to disconnect stereo equipment such as amps and speakers?

Depends on WHERE they were going with the stuff. IF they were doing an inventory of PP so they could be returned to the debtor,yes. If they were gonna keep them for themselves, NO. Of course, they were going into PP inventory.

Can a buy here pay here car be repossessed?

Even though it is a buy here pay here dealer it is in the contract you signed. You dont pay they will take your car and you WILL have to pay the late payments on top of the repo cost before you get your car returned.

What are your rights when it comes to a car that just has a payment for half of the remainder owed and the private party it was being bought from has repossessed it for personal reason?

If the repossession occurred in a state that does not permit self-help repossession, report the car stolen; it cannot be legally repossessed. Louisiana and Wisconsin are two of these states. If you can show legal possession of the vehicle, and on time payment, report the car stolen. It cannot be legally repossessed in any state unless the debt is delinquent. If you do not wish to involve LEO's immediately, contact the private party who "repossessed" the vehicle and explain that if it is not returned within a reasonable amount of time, that you will report the vehicle stolen and give his name as the party responsible. There is no legal "personal reason" for repossessing a vehicle.

If someone borrowed my car and didnt return it can I have it repossessed?

Repossession would not be the correct procedure to get your car back. You should contact the person to say you are going to call the police if the car is not returned immediately. Then do it. If they are using your car beyond the period of the loan the use is now unauthorized.

If you pay your entire balance after your car is repossessed and the car is returned to you why will the lender report negative on your credit report?

Paying the car off was good but having to repo it to get it paid off was BAD or negative. the lender did report that it was PIF,HUH?? So they reported the good and the bad.

Debtor's rights to there personal property in a repossessed vehicle.?

It depends on the state in which you reside. Most of the time, if the personal property is permanently affixed to the vechile (stereos, tires, etc), you have no rightful claim to them. Items that are loose in the vehicle such as cell phones, books, CDs, etc, have to be returned to you at no cost.