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This is a 5 question answer rolled into one. They can repossess collateral as long as there is NO BREACH OF PEACE. 79.0609 UCC 9-609. Secured party’s right to take possession after default. (1) After default, a secured party: (a) May take possession of the collateral; and (b) Without removal, may render equipment unusable and dispose of collateral on a debtor’s premises under ORS 79.0610. (2) A secured party may proceed under subsection (1) of this section: (a) Pursuant to judicial process; or (b) Without judicial process, if it proceeds without breach of the peace. (3) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. [2001 c.445 §107] xxxxxxxxxx 164.135 Unauthorized use of a vehicle. (1) A person commits the crime of unauthorized use of a vehicle when: (c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement. 2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.

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Q: What action can the creditor take to repossess a vehicle in the state of Oregon?
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Related Questions

Can a creditor place a lien on a financed vehicle?

In most states it is possible for the action depending on the exemption status of the vehicle and how it is titled.


If the dealer accepts partial payment can they still repossess your car?

Yes. Once the lending agreement is in default the lender may take whatever action they choose in recovering the monies owed. It is a misconception that by making a partial or token payment the creditor will not be able to assert their legal rights. The lender can accept the payment, still repossess the vehicle or pursue litigation.


How long does a company have to wait to repossess a vehicle?

This would be determined by the terms of the loan agreement and the applicable local laws. Within the loan agreement there should be reference to the action that can be taken to repossess the car should non-payment arise.


Can a creditor sell a repossessed vehicle they have had in their possession if the debtor files bankruptcy?

Possession is 9/10th of the law. Not if the vehicle qualified to be listed in the bankruptcy filing. In which case no action pertaining to the vehicle can be taken until the bankruptcy proceedings are finished.


Can a judgment creditor clear the lien on a car title when more than one owner is on the title?

Not sure what is intended by "clear" but whether or not the vehicle can be seized depends upon a couple of issues. The most important one being how the vehicle is titled. If the names on the title are separated by the word "or" then each person has total ownership of the vehicle and may take whatever action they choose without the other owner being a part of it. That would mean the vehicle could be subject to seizure by a judgment creditor. If the names are separted by the word "and" the vehicle is owned jointly and no action including creditor judgment can be taken without the consent of the other owner. The other issue is whether or not the vehicle is protected by the exemption laws in the state where it is registered.


What does it mean when a creditor files a motion to release?

The creditor is asking to be excluded from the bankruptcy. If that is granted the debt will be valid and the creditor can resume collection action.


What happens if you default on a vehicle lease agreement?

What typically happens is that the party financing the lease will repossess the vehicle. The vehicle will typically be sold and the party financing the lease will attempt to collect the balance remaining under the lease either through a collection agency or through formal legal action.


My car was repossessed over a yr ago Can legal action still be taken against you?

So here is an example of what can happen when a creditor repossess an item. "If an item such as a car or furniture is repossessed, the creditor can then sell it. The money from selling the item is applied toward the money you owe. The creditor can still try to get any money you owe after the sale of the item. The terms of your contract might even add charges for the costs of repossession and sale."


Can a creditor with a judgment levy a Montana bank account?

Yes, in most cases such such action is possible by a judgment creditor.


Where is the Southwestern Oregon Community Action Committee in Coos Bay Oregon located?

The address of the Southwestern Oregon Community Action Committee is: , Coos Bay, OR 97420-2957


If payment is a month behind yet two weeks ago made a full payment can they still threaten to repossess?

AnswerProbably, but if payments are kept current it would be unlikely that a creditor would take such action. When a scheduled payment is missed the account is in default even if the payment is "made up" and the creditor can exercisewhatever options might apply under the original agreement, including repossession of the item.


Can a creditor force you to sell your car?

If the creditor wins a lawsuit judgment against the debtor he may be able to execute it against a vehicle belonging to the debtor defendant. States establish vehicle exemption which are to be used to prevent a forced sale by a judgment creditor. Judgment creditors however rarely take such action, as the seizure and sale of a vehicle is complicated and seldom worth the effort needed. Creditors prefer to execute a judgment as wage garnishment, bank account levy or a lien against real property as means to recover debts owed.


Can a cosigner repossess a car if the primary borrower stops making payments?

No. Only the lender can "repossess" a vehicle. You need to keep making the payments to protect your own credit. It is likely you would need to bring a court action, prove you are making the payments and petition the court to order a transfer of title.


What amount of time must a dealer give you before they repossess your vehicle because you heard it was 90 days?

There is no set time when a lender may instigate repossession action. If the contract is defaulted on for even a day, in most states the lender can seize the vehicle, although it is not usually in their best interest to do so.


Can the bank take the car if you are behind in the payments even if you filed chapter 7?

If the vehicle is included in the filing, the lender cannot take any action until the BK is discharged. A vehicle is considered a secured loan, and therefore the lender can repossess it after the BK has been discharged. Sometimes the lender will agree to reaffirmation of the debt. The vehicle exemption will also be considered in the BK Trustee's decision. Another good tactic people can do in Chapter 7 is redeem the vehicle if the amount they owe on the vehicle is greater than the value of the vehicle. Under 11 U.S.C. 722, a debtor can file a motion to redeem collateral for the fair market value. Once the court grants the motion, the debtor can go get a loan elsewhere for the fair market value and pay it to the original creditor, and the original creditor is forced to accept the lower amount and release the title. This cures the fact that the debtor is behind on payments to the original creditor and potentially saves the debtor a lot of money. There are companies who exclusively loan money to persons for redemptions in Chapter 7 cases. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.


Why hasn't the creditor picked up the secured vehicle if you filed chapter 7 bankruptcy and if they don't is it yours to keep?

More than likely the lender has not requested as yet had the BK stay lifted. If a secured creditor does not receive permission to be excluded from the BK they must wait until the discharge is final before proceeding with repossession action. No, the borrower does not get to "keep" the vehicle unless they are able to reaffirm the loan with the lender.


What type of legal action can be taken if your car is reposed?

If the creditor and repo agency did their thing by the book, you really have no legal recourse. As long as the creditor holds the lien on the vehicle, it belongs to them, and they have a legal and binding right to reclaim it when you fail to make your payments. Besides, if you tried taking legal action, the judge would probably chastize you for your inability to make your payments in spite of being able to afford a lawyer, then throw the case out.


Will you be notified before a lien is placed on your property?

You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.You will be notified when the debt is due.You will be notified when the debt is overdue or in default.You will be notified the creditor is taking further action.You will be notified if a creditor takes you to court.You will be notified if the creditor wins a judgment against you.You will know throughout the process that your creditor is taking legal steps to collect money you owe.Generally, you will be notified when the creditor actually has the lien recorded against your property in the land records. By that time, you have been adequately notified of the pending action. You can visit the land records office to check for any liens that have been recorded against your property.


Can a creditor place a federal tax lien on your property?

No, only the IRS can take that action.


In Missouri can your disability benefits be garnished for creditor debt?

No. All disability benefits whether private, SS or RRB are exempt from creditor action for debt(s) owed.


If you repo'd a car and after the fact the customer's attorney called and notified you that the customer had filed for bankruptcy and you were required to return the vehicle do you have to return it?

Absolutely. Any creditor action including repossession cannot be taken after the filing of a BK and/or before the BK is completed and discharged. The vehicle will have to be returned to the borrower to await action by the lender such as requesting the BK stay be lifted or a reaffirmation agreement made between the lender and borrower.


Can the bank repossess a car after 8 months of asking them to get it and no action from bank?

YES, as long as the car is collateral for a loan, they can repo it.


What is a ten day demand letter in repossession?

You have ten days to bring your account current or action to repossess the item will begin.


Can a creditor take any legal action against an inheritance?

If you're looking for someone to tell you that inherited funds are somehow immune from legal collection procedures, I don't think that will happen either. * All income including that of an inheritance is subject to creditor action if the creditor chooses to follow due process of law (civil lawsuit) to recover monies owed.


Is a car repossession legal?

It is legal to reposes a vehicle under most conditions. Why would you even think that a repossession would not be legal? Pay the bill - and if you can't timely pay the bill talk to the people you owe; they didn't give you that vehicle for free. It is legal to repossess a vehicle. I have been involved in financing for several years and know most if not all the laws involving repossessing in the state of California. For instance, this might be a federal, not a statute, that a BUY HERE PAY HERE Dealership is able to repossess your vehicle without the need to have a repossessing company. The only thing about that is, that we may do it if the collateral is parked outside of the property and that we have a duplicate set of keys. It's against the law to force our way inside said property and cause property damage to recover the vehicle. We may, in fact with your or any other tenants permission. There is NO grace period in which we can take the action to recover the collateral. We may, if we choose; to recover the vehicle the day after the breach of contract. California also permits to repossess a vehicle if you do not have any insurance. It is against the statute to drive without insurance to begin with. So these are 2 of the reasons why we may take such action. If you have any other questions, just contact your Department of Consumer Affairs and they will explain your rights as a consumer.