When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor
It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car
In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car
Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency
A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment. Remember this repossession will stay on your credit for 7 years.
Tort law is a subset of civil law that specifically deals with civil wrongs that result in harm, injury, or loss to another person. Civil law, on the other hand, covers a broader range of legal issues beyond just torts, such as contracts, property, and family law. So while all tort law is considered civil law, not all civil law pertains to torts.
Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organisations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case. Examples of Civil Law Cases Contract Law: You have just purchased your first car. In Missouri, you must have car insurance in order to title and obtain a license for the car. One day, an engine fire destroys your car. The fire is an accident; no one is to blame. Your insurance policy specifically states the insurance will pay you for the value of the car. This is a contract between you and your insurance company. Your part is to pay the premiums and not to intentionally harm your car and the insurance company's part is to pay you when something happens to your car. Family Law: Your best friend's parents get a divorce. The judge awards custody of your friend's sister to the mother and of your friend to the father. The friend and sister want to live together. They ask a lawyer to change the custody order.
A non-tort lawsuit is a legal action seeking resolution of a dispute that does not involve a civil wrong or injury caused by one party to another. Examples include contract disputes, divorce proceedings, property disputes, and employment lawsuits.
Civil law is when a person has committed a crime against another person such as, failing to follow a contract or entering the owner's property without permission or neighbours fighting over who owns a fence and it also covers road accidents. Civil offences are usually punished by fines. For example, one person will claim that the other person's actions caused him harm, and file a civil suit seeking compensation for the damage caused.
In 1994, Rodney King was awarded $3.8 million in a civil lawsuit against the City of Los Angeles for the police brutality incident in 1991.
"Tort" implies a 'civil' offense. It is a suit for violation of "civil" law as opposed to a violation of "criminal" law.
in mediation civil law suit
n
No
It is a civil law suit. It is typically brought by a client against a professional, such as a doctor or lawyer.
YOU do. Violations of the law are violations of CIVIL law and the framework is in place to bring suit against a violator. . . all you have to do is bring suit and prove your case.
no
if your car is repoed,and sold for more than you owe, you get the extra. this is fed. law. if sold for less,you pay the diff.
A class action IS a civil law suit, where many plaintiffs bring suit against one entity on their collective behalfs instead of just one person bringing suit on their own behalf.
In federal civil court due to diversity of citizenship.
Answering "How many times can you be late for a car payment before it is reposessed?" by law they can repossess your car when your 1 day late- there is no law against that! However, your best option, would be to contact CAR HELP USA. They stop repossession, get your payments up to date, lower interest rates, lower your monthly auto bill, help with repossession, and so on. They helped me get a car back from repossession in the past! Do something before the problem just gets worse.
No. Taking their car would be theft.If someone owes you money, you can file a civil law suit. If you are granted a judgment, you can attach to assets and potentially force a sale if the debt is not paid.Another View: Some states have provisions in their law for a craftsmen and tradesmen to file a "mechanics lien" which requires less official court involovment than filing a full-blown civil suit for collections.