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Repossession
US Constitution
Oregon

Will you be notified if the lienholder is obtaining a court order to repossess your vehicle?

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2009-10-25 16:23:21
2009-10-25 16:23:21

Yes. You will be served with an order to appear. On your court date, you will be ordered to surrender the vehicle and the lender will be given a replevin by the court. This is in essenece an order by the court for you to return the vehicle to the lender. When the replevin is served, you will surrender the vehicle or you will be taken to jail and remain there at least until the vehicle is surrendered, perhaps longer on felony charges.

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That is the only way you can repossess a vehicle. Repossession comes under the UCC which grants a lienholder the right to repossess but only if they have perfected their lien by filing it on the title. One caveate is in most states the lienholder can not repossess a vehicle that is under a mechanic's lien without first paying that lien.

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As long as there is a lien on the vehicle the lienholder has the right to repossess the property

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No, not if the contract is in default. The lender/lienholder may repossess the vehicle under UCC laws as long as it can be accomplished without a breach of peace committed

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No. The lienholder is the rightful owner of the vehicle, and can reclaim their property as needed.


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