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What can happen if you hide a vehicle from the repossession agent?


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2006-10-20 04:44:51
2006-10-20 04:44:51

It is not legal to hide a vehicle from repossession! Regardless of your intent, you are obligated by contract, and by law, to turn over the vehicle. Charges could be filed against you and additional out of pocket expenses incurred along with criminal charges. Please consult with the attorney generals office consumer protection in your state regarding said actions, your rights, and criminal penalties. Most states have concealment laws which could land you in jail or paying a hefty fine or both. Finance companies have not really pursued this avenue due to public perception. With the costs of vehicles rising, you can rest assured the day is coming. They have to protect their investments. If you cannot afford the car, give it back. You cannot afford an attorney either to defend you in court if you are the "new example." I am in this business and you're not going to get any better information. If you cannot pay, you don't deserve to ride for free. You do have a signed contract that you cannot fulfill. Go buy a cheaper car that you can afford and you won't have to worry about the repoman showing up at your door. Unless there is a court order (and you would be informed by certified mail if there was) then IT IS TOTALLY LEGAL TO HIDE YOUR CAR. You see most repossessions occur prior to court action. Most contracts allow repossession upon default of a car payment. In some cases even a day late can cause such action though in practice its closer to 60 days when an account is declared in default. Most people who do hide their cars do so after not making a payment for a couple of months. By now the finance company or bank that did the finance deal is trying to contact the person several times a day at least in most cases. Hiding a car is only concealment when a person has been informed there is a court order. In many cases even when the financer does get in touch with the person owing the money for the car does not even mention their intent to repossess in so the person is caught off guard. Still repossessions occur sometimes in the middle of the night at a person's home but more and more of them happen at a person's place of work. Hey the bank knows where the person works because its on their application. Hiding it out of state at a friend's or relative's residence in a locked garage in a gated community is your best bet. This way they cant get the car even if they find out where it is on a standard repossession. At this point they would go to court and get a sherriff department to do it. You should only hide the car if you think you will be able to make the loan current within a couple months. Otherwise it only bides time till the inevitable happens. " IT IS TOTALLY LEGAL TO HIDE YOUR CAR." Not true, in some states, such as Georgia, there are code sections for "Concelement of property subject to security interest" that can be enforced, and it doesn't require court action to have this enforced, except for the lienholder, or their representatives testimony to the magistrate judge during the warrant application process. With this in mind, I hardly think the statement of " IT IS TOTALLY LEGAL TO HIDE YOUR CAR." is correct, and I truly think it is bad advice. But whoever wrote that is probably just trying to get someone in trouble. If it isn't paid off, it is not yours, and the lienholder has various avenues of legal methods to take it back, simple as that. Keep in mind, in some states, such as Georgia, there are code sections for "Concelement of property subject to security interest" that can be enforced, and it doesn't require court action to have this enforced, except for the lienholder, or their representatives testimony to the magistrate judge during the warrant application process. With this in mind, I hardly think the statement of " IT IS TOTALLY LEGAL TO HIDE YOUR CAR." is correct, and I truly think it is bad advice. But whoever wrote that is probably just trying to get someone in trouble. If it isn't paid off, it is not yours, and the lienholder has various avenues of legal methods to take it back, simple as that. It is legal to "hide" your car from the repo man.He has no legal rights to come on your property and remove your car only beccause the lender gave him a contract to pick up the vehicle. If the lender goes to court and gets a "Writ of Replevin", then a "Writ" will be issued to the Sheriff's office. At that time, the repo man will come to your house with a Sheriff's officer who will have the "Writ" and at that time, and only at that time you will have to surrender the vehicle. The "Writ of Replevin" is issued by a judge and is a court order. You will have to abide by that, otherwise, you are in contempt of a court order and can be arrested. If there is no court order, the repo man has NO rights, and you do NOT have to let them take your car. I think you should try a search on concealing mortgaged property and then try answering. As far as coming onto your property take a good look at your contract you signed and read the part about you giving permission to enter upon your premises for the purpose of taking your car. Hide and seek is the game you are playing and you can never hide forever I work in law enforcement in NJ, and the only way a vehicle can be taken is by a "Writ of Replevin", that is, if you refuse to turn the vehicle over in hopes that you can catch up on the payments. If you do answer the door, in which there is NO law that states you must answer, you can refuse to answer any questions and shut the door. If you tell the "repo" to leave your premises, he must do so. If he does refuse, you can have him arrested for second degree Criminal Trespass. In NJ, they cannot remove a vehicle blocking the vehicle in question, cannot break in to a locked and/or secured building, touch or threaten you in any way. If the police are called, they cannot force you to surrender the vehicle either. Their presense is only to "keep the peace". They will tell the "repo" man to leave the property and not to return, unless it is with a court order and a Sheriff's officer. The "repo" man refuses, then he will be arrested. Simple as that. Remember, the "repo" man is a tow driver, not a law enforcement officer. He cannot make you do anything. It really is a civil matter. But if a court order is issued, you have no choice. You must at that time surrender the vehicle.


Related Questions

after a legal process the lender can both sue and have you arrested.

You will get arrested because the government can track you down. BEWARE!

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.

While the debtor does not have to unlock the vehicle, turn over the keys, or allow the repossession agent access to the garage, purposely attempting to hide the vehicle can be considered a crime if the debtor does it with the intention of hindering a secured creditor from obtaining access to its rightful property. That said, the debtor is not obligated to assist the repossession agent in any way in obtaining the vehicle.

Not typically, in fact in several years experience in the industry, I have never heard of such a practice. Repossession, beyond being a waiting game, is a game of opportunity. When the repossession agent finds it, he will take it. The last thing any of them want to do is give you prior warning that they are on your trail, and to give you the opportunity to hide it and make their job more difficult.

It will be reported stolen. Remember, the car does not belong to you - it belongs to the lienholder, and the repossession agents are coming to claim the lienholder's property back. You no longer have any legal right to it. In most instances the repo agent will make a few attempts to locate the vehicle. If that does not happen the lender will go to court to obtain a replevin order. Once the order has been issued the buyer/debtor must relinquish the vehicle or face criminal charges. The vehicle cannot be reported stolen by the repossession agent or the lender unless they have evidence that such a crime was actually committed. For them to do so due the location of the vehicle was unknown would constitute filing a false police report.

Possibly. If you hide the vehicle they could charge you with GTA. Grand Theft Auto. Remember, they own it and you don't.

You won't be arrested and the police won't come after you it is a civil matter not criminal. You may be right, you won't be arrested and the police won't come after you but if it's a Felony in California and Florida to hide a vehicle from repossession, how is that a civil matter? Sounds criminal to me but nobody will enforce it.

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.

It is possible; Wisconsin is a self-help repossession state. Hiding the vehicle is called hindering repossession and is comparable to auto theft. When you purchase a car by loan, you do not technically own the car outright. You own it cooperatively with the loan provider. When you default on your loan, you give up the rights you had to the vehicle, and via lien law, the loan provider now owns the vehicle. Therefore it is not yours to hide.

when you are a secrit agent you can go to the secrit agent hide out.

good luck hiding a vechile from the repo-man! they cantrack down a vehicle by using the vin number and plates. after they get a hold of the vehicle, you'll either go to jail or have to pay a really big fine

Well, it's not your car you're hiding. The financier is the one who owns the car so long as they hold the lien on it. They can do a number of things, ranging from taking you to court (if they feel it's worthwhile to do so) to reporting it stolen (if a certain set of conditions exist enabling them to do so, among which is you telling the repossession agent that you don't know where the car is).

YES In most jurisdictions, In some places (where I live ) the police must be there and observe to protect both reposseser and property holder.It is illegal in most places to hide the vehicle or attempt to block the repossession of a vehicle.So I (If I were doing this) could enter onto or into a persons property and if that person is unavailable or unwilling to move a blocking vehicle I can move that vehicle taking "REASONABLE"care to not do any property damage.I can then take the target vehicle.

I just recsntly had my vehicle repo'd in cali, and to tell you the truth.. you're screwed. not only can they keep the vehicle... you are still completley obligated to pay off the loan. my suggestion to anyone who cant make their payments on time.. hide it well.

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.

Yes. The repossession agent may recover the vehicle so long as he has free access to it, on private property, public property, federal property (with the proper permits), even a limited (key card) access parking garage so long as he is given access to the garage. Keep in mind that hindering the repossession of a vehicle is a crime in most states. In situations when this has happened, the agent or the lender may seek a replevin. In the event a replevin is acquired, it will be served by a law enforcement officer accompanying the recovery agent, you will be ordered to surrender the vehicle, and your failure to do so will land you in jail and the LEO will supervise the recovery of the vehicle anyway. Your choices then, when a vehicle is up for repossession is to surrender the vehicle voluntarily, or give the recovery agent grief and give him a reason to take it when it is easiest for him and most inconvenient for you. Consider that recovery agencies are in the very specialized business of finding and securing vehicles that those who haven't paid for them are trying to hide. In six years of skip tracing, no one ever got away from me, and there are skip tracers out there far more skilled than I.

Yes, as long as an active repossession order exists, the vehicle will eventually be recovered. If it is seen in towing position by a recovery agent, he will take it. Keep in mind that many repossession agencies have spotters who do nothing but stake-out wanted units, or look for them in public locations where recovery agents may secure them. Any attempt to hide the vehicle or prevent the recovery could be prosecuted. Repossession is a time game, an inevitability. Hundreds of thousands of vehicles are repossessed in the US every year. Less than 1% of 1% of the vehicles up for repossession are successfully hidden for any significant time. And, some states are passing laws that will prevent parties who have active repossession orders against vehicles registered to them from registering any vehicles in that state. If you have active arrangements with the lender, hope your payment reaches them before the recovery agent is able to secure the vehicle in question. Be certain to contact the lender and get their assurance that repossession activites have been cancelled once the payment is received. Your best course of action is to take the payment to the lender, and while there have them call the repossession agency who has the active order and witness them cancelling the order.

YES! Don't hide your car from the police it's very bad.

You can hide anywhere I believe but the only place that Club Penguin requires you to hide is when your a secret agent, and you take your agent test.

Yes. Since the vehicle is no longer the property of the former owner, the lending institution is allowed to have their agent (repo man) recover their property for them. Their agent is allowed to go anywhere that is not fenced, locked or otherwise restricted. If you deliberatel hide the vehicle or prevent the lending institution from gaining acces, it can be considered a form of theft, since the vehicle is no longer yours. * In addition, if the lender has obtained a replevin order the vehicle must be surrendered. When a court order has been issued the agent may enter a locked area or posted area or do whatever necessary short of physical violence or property damage to seize the vehicle, cutting a chain and/or a lock is not considered property damage. Be advised, in most states attempting to hide or prevent repossession of a vehicle where a replevin order is in place can create serious legal consequences for the borrower.

No. The contract you signed when you financed the car gave you the terms and conditions which had to be met in order for you to retain your vehicle - that's your notice, right there. Creditors and repossession agents tend not to give notice, largely because debtors have been known to try to hide vehicles or evade repossession by other methods.

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