What if you didn't get a notice about the repossession?
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- You know if you have paid the payment or not. It's not the bank's job to let you know that they are going to repo the car. I made my car payment on my husband's business account, in which I am not a signer. I did this by complete mistate. The check was returned and the bank repoed my car without informing me that I had a returned check. During the repo, the landscape work done on our property was torn up. The tow truck drove over all of my plants.
- "I didn't get a repossession notice." is about as ridiculous as saying "I didn't know I had a car payment." The bank owns your car (not you) until it is paid off. If you LEND (exactly what a bank does when they give you a LOAN for a car) your neighbor your lawn mower and it's sitting in his yard the next day after he used it, don't you have the right to take it back? Same concept. If people would only READ the loan contracts they sign, then they wouldn't be so "shocked" when their car gets repossessed after they don't make the payment for 4 months.
- The bank does not own your car until it's paid off, you do. The rights you have are almost infinite. If people only knew all they had to do to stop the repo man was say "Don't take my car." Well, if only most repo men would listen. Once that is said and the car is still taken, they can be held liable in civil court. It's what is known as an "unequivocal oral protest" and most state case law will back it up. But unless you have a payment receipt from the bank, you cannot prove to the repossession agent that you have paid.
- Post-Repossession Notice: Under California law, the creditor must send you and any co-signers a special post-repossession notice. The post repossession notice tells you about your right to reinstate the loan, and must contain nine special disclosures. You should have an attorney review the post-repossession notice if you have been sued or contacted by a collection agency. If the post-repossession notice was never sent, or if it does not contain all the required legal disclosures, the creditor may not collect any money from you.
- If you succesfully hid your car from the Repo man the next step for the creditor to do is take you to court and even if you lose, the Court will give you a "Right to cure" letter stating that you have 20 days to make your car payment current. Which should give you plenty of time to catch up. But if you think there is no chance to make your car payment current, even with this delaying tactic, the best way is to negotiate or re-schedule payments with your creditor.
- By the way, if you decided to negotiate with your Creditor to make a payment arrangement or whatever necessary arrangement to avoid repossession, never negotiate with any representative that does not have any authority. He will only demand the car be returned or the payment made current. Speak, e-mail or send a letter to the Manager or Supervisor that has the Authority to negotiate or alter the loan agreement. In the meantime, hide the car from the Repo man till you decide what you want to do.
- My car was repoed because the bank told us they had combined my husband's truck payment with my car. Therefore "our payments" were one. Every payment was made under "both" names. Two months later our bank called me and said I was $800 behind, which of course I did not know, and the bank demanded the money stating that we knew our payments weren't combined yet. Therefore, my car got repoed 2 days later because I had no extra money to pay the $800. The funny thing is, every time we made our payment, we asked the woman if she was sure they were combined and we were told, "Yes they were combined". Unfortunately, you have to have a copy of the paper you signed to combine payments with "both" vehicles listed on it. Unfortunately for me, and the lesson was learned, only one vehicle was listed on that paper that my husband and I both signed to combine payments.
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?
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.
What can you do if you bought a car from a person who is not licensed to sell cars and he repossessed it without notice?
Were you in DEFAULT of the contract the car was collateral for? If so, not much to do about the repo except pay up. Obviously, the "not licensed" part didnt bother you when you bought the car. Call a local attorney for state specific advice. In many states, notice of repossession is not required. The licensing of the seller is neither here nor there, because that does not affect the fact that you owe him…
In a few states both the primary borrower and the cosigner must be notified by the lender through a "Right To Cure" notice before repossession action can occur. In Wisconsin a replevin order is necessary before a repossession can take place, but the cosigner is not always notified. In the majority of states the lender does not need to give either the primary or the cosigner notice of repossession action.
Repossession letters are not required in every state. In some states, face to face notification of the repossession suffices, and when the driver came to hook up your car, if you had a conversation with him at all (even if it consisted of you yelling "Hey!" and him gesturing to you) you received notice.
Florida allow repossession by UCC regulations, a right to cure notice or replevin order is not required and the vehicle may be recovered by a licensed agent as long as it is done without a breach of peace. The county recorder must be notified of the repossession action and the plates remain with the borrower.
Try this, if the repossession agent/hauler arrives at the home to find the debtor present, and hands him a copy of the Notice of Repossession, that is long enough. The problem you may run ito is that if the home is being occupied, you may also have to serve a Notice of Eviction as well. This can get complicated. It can take up to six months (in some cases a year) to legally evict in…
It depends on state laws, but in most places, the notice you got on the first repossession probably said "in the event that you become delinquent again, you will have no right to cure the default" or something to that effect. So, yes, the second time they can just come and take the car without any additional notice.
To answer your question simply, a repossession order will typically be a 60 day repossession order. If however you do not contest the repossession or don't turn up to the hearing it is more likely to be a 30 day repossession order. However, you are not clear if you have even received a notice of intended court action or a court date. There is no hard, fast, rule which states when each lender will start…
Is a lender in Missouri required to send the borrower a Notice of Right to Cure before repossession action?
No, Missouri has no laws that require the creditor to notify the debtor that a vehicle is subject to repossession. The lender can have the vehicle repossessed without notice as long as the repossession does not commit a breach of peace as defined by the laws in the jurisdiction where the vehicle is seized. ADDED: While the above answer may have been correct at the time it was written - it is no longer applicable…
Notice is not necessary in all state prior to repossession. In fact it is not necessary in most states. If you have paid current on the loan, and the repossession occurred anyway, this is likely a communication lag between the lender and the repossession company. It happens often. Contact your lender and explain what happened. Be patient and polite--they are not required to return the vehicle. They likely will because they want your money not…
ANY claim about anything is subject to have to be proved. Sooo, get some sort of proof and contact the LENDER ASAP. Got any pics of the car the day before repo? Any reciepts from the week before when you had that repaired or noted that it didnt need repair? Anything like that? Do not waste your time contacting the lender instead sue the lender and the repo moron for the damages.
Not knowing what state you are in...YES it can. Few states require "notice" if you are referring to "right to cure". None require NOTICE, we are goona repo yo ride. Notice is when they bug you for 60 days wanting to get you to pay, answer the phone, quit pretending its a wrong number,ect. IF you were in default of the contract, they can repo, even ONE day late, IF they want to.
How do you find the repossession balance due after the lender has resold the car without contacting the lendor?
How far behind do your car payments have to be before it can be repossessed in the state of Virginia?
How will a voluntary repossession affect your purchasing a car within a year from the voluntary repossession?
Can you remove a repossession off your credit report if your cosigner has a judgment on the repossession?
You will need one of the following: A notice of salvage A notice of repossession A mechanic's lien A bill of sale Take your document with the vehicle to the Secretary of State office or the DMV and present the information you have. You will need to pay for a title search, and the fee for a new title, plus registration and tag fees.