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.
No you cannot remove a repossession off your credit report if your cosigner has a judgement on the repossession.
A repossession is a serious negative and will drop your scores.
How much do repossession agents commonly make?
Yes, but perhaps not as adversely as an involuntary repossession.
The FHA does not have specific guidelines for auto repossession. Auto repossession is typically governed by state laws and the terms of the loan agreement between the borrower and the lender. It is important to review the terms of the loan agreement and consult with legal counsel if facing auto repossession.
A 'writ of REPLEVIN" maybe?
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.
YES, its called a writ of replevin.
If you are a landlord and the tenant has not left the premises yet, then you would need a writ. If, however, the tenant has abandoned the property, I would document this via dated photograph and go ahead and change the locks.
Repossession is what is commonly thought of as a "REPO". A self-help repo is permitted by most states. "Writ of Replevin" is the other legal option that a few states require to do the same thing. The state makes money by requiring the Replevin. BOTH have the same effect on your credit. A repo is where a lender contacts someone to pick up the vehicle. You, at that time, do NOT have to surrender the vehicle. A "Writ of Replevin" is where the lender gets a court order signed by a judge for you to surrender the vehicle. It will be served by a Sheriff's officer, with the repo man in tow, and you will then have to let them take the car. Otherwise, you are in contempt and it is not worth it to defy a court order. That is the only time you have to surrender the vehicle.
It is wise to seek a writ of replevin any time a debtor threaten violence, makes a statement that he is hiding or refuseing to surrender the vehicle, or when he breaks the peace during a recovery attempt.
In Texas, a creditor can repossess a car if the loan agreement has been defaulted. However, they cannot breach the peace during the repossession process. Wage garnishment for repossession is not permitted in Texas unless the creditor sues the debtor, obtains a judgment, and then seeks a writ of garnishment.
Of course, you can be charged with any felony you commit, but I think you're asking if it is a felony to hide the car from the repossession agent. Technically, no. But, if you are obviously hiding it and the lender gets really PO'd, he can go to court and have a writ of replevna issued. Then the sheriff will come along with the repo man and they will leave with the car - or with you. The correct answer is: it not a felony to hide a car from creditors who are trying to reposses......period.This is a civil matter not a criminal matter.The writ is issued in rare cases.
Writ of Assistance
Yes, but the creditor would have to sue in the debtor's state court in the county where the debtor resides and if awarded a judgment execute the writ under the laws of Massachusetts not Oklahoma. If the judgment creditor already holds a writ of judgment in Oklahoma they can file it as an abstract judgment against the debtor's real property without the necessity of court procedure.
A writ kck, often referred to as a "writ of kck," is not a commonly recognized legal term. It is possible that you meant "writ of certiorari," which is a type of writ used by higher courts to review the decisions of lower courts. Please clarify if you meant a specific type of writ or if there was a typographical error in your question.
And Having Writ... has 250 pages.