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What happens when a creditor sues you for a vehicle repossession and takes you to court?
Wiki User
∙ 19y ago
Basically both the plaintiff and the defendant will have the opportunity to make statements pertaining to the case and present supporting evidence. The judge will then rule on which one proved their case. If the plaintiff wins they will receive a writ of judgment and can execute it against nonexempt property belonging to the defendant. The usual choice is wage garnishment or bank account levy.In some states the winning party can also collect legal fees and/or court costs that were incurred.
Wiki User
∙ 19y ago
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Can a creditor get a warrant for vehicle repossession?
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..
What is a writ of repossession?
You are likely thinking of a writ of REPLEVIN. It's a Court Order for the vehicle to be served on the customer for the vehicle.
In the state of Texas can a creditor put a lien against your home for a repossessed vehicle?
The answer is yes, if the creditor brings you to court on the matter.
Does the divorce decree protect against litigation in a repossession?
A divorce decree cannot alter the rights of the original creditor. The court can decided who gets the asset, but the both spouses remain liabile to the creditor.
When a repossession notice has been issued for a motor vehicle can the registration be renewed and if the car is pulled over by the police will the police hold the car?
A "repossession notice" is a civil matter. A police oficer cannot hold the vehicle for repossession. Unless, there has been a court proceeding and the judge has ordered the vehicle held if stopped. A repossession notice also cannot stop the registration of a vehicle.
Can a creditor place a lien on a vehicle you once owned but sold?
If you transferred the vehicle to a friend or family member for less than fair market value in order to avoid a creditor the court can nullify the transfer and the creditor can place a valid lien on the vehicle.
Can a person be charged with grand theft auto under repossession if the vehicle can not be repossessed?
No, but they can be cited for contempt of court if a replevin or other court order is issued for the recovery of the vehicle.
How long does it take the creditor to obtain a writ of plevin for a repossession?
The amount of time it takes a creditor to obtain a writ of plevin for a repossession varies in each state. Based on the local court jurisdiction, processing times to obtain a writ of plevin may take between 15 and 60 days.
What happens when a creditor sends you a summond to go to court for a bad debt that was a bank loan. should i go to court or settle with the crediter?
better to settle with creditor first
What can the buyer do when they have reached an agreement with the creditor to recover a repossessed vehicle but the repossession company refuses to return personal items or release the vehicle?
Take them to court. * It is possible they are within their legal rights to hold the vehicle and its contents if a replevin order or other court order is in effect. Often the lender's agent cannot release the vehicle until they are informed by the lender that all the reaffirmation documentation has been finalized including checks clearing, insurance confirmation and so forth.
Can a car be repoed by anyone other than the lien holder registered with the dmv?
Yes, the lender may contract with a forwarding company who then sends the repossession order out to a repossession service, or a private service provider. If you are asking if a vehicle you own can be recovered by another creditor entirely, then yes, if a court issues an order to liquidate or surrender other assets to pay an existing judgment.
How do you get a legal order to repossess a vehicle in Oregon?
Present proof of your ownership and the lien contract to court and get a repossession order.
