If the vehicle is salvage property, say recovered from the side of the road by a tow truck company contracted by the DOT to do so, and all outstanding storage fees have been paid, contact the DMV to obtain a salvage title. If you are a mechanic or repair shop, and the vehicle was abandoned and you have made every attempt to contact the owner to claim his property and pay his debt, file for a mechanics lien with the local district court. Wait another thirty days, and file for repossession of the vehicle with the same court to cover the outstanding costs. Once you obtain a legal order for repossession, you contact local law enforcement to report the vehicle repossessed, and file for a new title with the DMV.
The fact that you have a repossession on your credit report is not a determining factor of whether your can file for bankruptcy. Generally in bankruptcy you can remove the debts from the repossession of your vehicle.
yes
YES, its called a writ of replevin.
When you purchased the car, you may have received a lien title from the state. This is not a clear title of ownership. The lender in essence still owns the vehicle, at least part of it. It is held in security for the loan. If you are a repossession company or agent, you will be required to have an order of repossession. But, if you are a repossession company or agent, you should already know this.
File for an abandoned title with the Motor Vehicle
Get a hold of the motor vehicle department in your state and explain the problem, they will get you a new title.
A repossession agency cannot enter a garage locked or otherwise to recover a vehicle unless the agent has a replevin (court) order to seize the vehicle. Additionally, a vehicle cannot be gifted in the usual sense, to another person unless there is a clear title, meaning the vehicle has been paid for in full and there are no lien holders. If the title is not in the person's name who has the vehicle, they do not own the vehicle.
Not without permission of the lender. A vehicle cannot be sold without a clear title of ownership. The lender is named on the title of a vehicle as the "lienholder" until the vehicle is paid for or otherwise released by the lienholder.
If you voluntarily gave the vehicle back, you wouldn't still have the vehicle, so if you mean that you told the bank where to come get it, and they never did, I guess it would depend on the steps the lender took to secure title to it. IF you can prove the vehicle has been abandoned (timeframes are different in different states), you might be able to file abandonment papers, and ultimately gain title to the vehicle.
what are the legalities of voluntary vehicle repossession
A bill of sale for most states should allow you to drive the vehicle to and from the DMV - if the registration is current you can chance driving the vehicle around until you get new plates in your name - if the vehicle is already in your name file for a duplicate title - if the vehicle is not in your name but was abandoned - file for an abaondned title and the DMV will send a letter to the last known owners.