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Repossession

Seizure of property bought on credit for which loan payments are not being received. Please note that when asking a car repossession question, it is often useful to include the state that you live in. This will enable people to give you better answers.

11,694 Questions

Can you be sent to collections if you make a payment every month?

You should not be sent to collections if you are making monthly payments. Some companies have their own "polocies" on how much your payment needs to be in order to keep from collections but the law says that you can pay what ever you want as long as you don't sign a payment contract.

How longer before you need to move out after giving the bank back the house?

Depends on the bank. However you should be able to stop the bank from taking your home with a short Sale. If you are in CA I can help very simple. You can sell your home for what is worth and stay there while it is listed and in escrow. westchesterrealty.com

What is the law in Virginia regarding hiding a vehicle from the repossession agent Why can't this be seen as theft if person makes first six payments on 20000.00 car then splits?

It is illegal BUT I haven't had any luck getting aMagistrate to sign a warrant they either tell me that the legal owner has to do it personally or it is a civil matter. It is listed under The VA theft LAW.

Can you repossess a vehicle if it's been charged off on your credit?

Just because the company charged off the account, does not mean that they don't want to be paid...so if the car is still assessible...they can repo it. Charged off on your credit means that it is no longer an active paying account..the company took a loss for that amount. A different department, "Profit & Loss" will take over trying to collect any way possible. Sorry.

Can a car company repo your auto after one missed payment and what is a right to cure letter -missouri?

If a bank has a lien on a unit and you are not paying they have the right to repo it. You need to talk to them and work out payments. A cure letter is them giving you 20 days to either pay the delinquent amount or they will take other actions such as a law suit or repo.

Can pensions be garnished by creditors?

Generally, no, but pension payments should be kept separate from other monies.Government provided benefits are protected from garnishment. Private pensions are also protected from garnishment in most states.

However, if the pension payment is made to an account which has non-pension monies in the account, there are legal difficulties in differentiating between the protected monies and un-protected monies, creating a collection (but not garnishment) opportunity.

Are you liable for a car damaged by a storm while on your property?

No, You would generally not be liable for Storm damage to a car while on your property. It is not customary to hold an individual legally liable for acts of nature that are beyond our control. Storm damage to a vehicle is generally covered under the Auto Owners Insurance Policy Comprehensive coverage Portion. An exception might rarely be construed if a vehicle was left in your care and custody, usually on a fee for service basis, and you somehow failed within your expected or implied ability to take reasonable action to secure it safely.

You bought a car a week ago and now they said they cant get you financed and they want the car back?

This is unfortunate...sorry but I know it has happened. You have no choice but to give the car back..and nicely too...as they will come and get it. You might see if the dealership will hold the note but if not....give it back.

Some 10+ years ago, we had something similar happen. We bought a car

on a Saturday and on tuesday, I was called and was told the financing went thru but a mistake was made. They wanted more money down. I stalled for 2 days as my spouse was out of town with our car. When he arrived, we drove the car to the dealer, asked for our car back which we got....along with out deposit check which had not been cashed and we left. We found what we thought was a better car and deal at another dealer the next day. Try another place...

Good luck.

What if someone has keyed your car?

If you do not know the identity of the offender, make an insurance claim. If you do know who is responsible, gather together all their contact information and make an effort to get them to pay. If they fail to do so, call a lawyer.

What happens to unsold cars?

A car that is in too bad of shape to sell will be sold to a salvage yard for parts and eventually it will be sold as scrap metal. It will be recycled and use to build another automobile, or product.

A car that is in too bad of shape to sell will be sold to a salvage yard for parts and eventually it will be sold as scrap metal. It will be recycled and use to build another automobile, or product.

Can a Repo show as receiving income to the IRS?

Yes. If the bank writes off part of your car loan as a cancelled debt, they will report it to you on Form 1099-C. Cancelled Debt is taxable as income under the Internal Revenue Code and should be reported on your tax return. Cancelled debt is not taxable as income, though, if it is cancelled through a bankruptcy proceeding our you are insolvent on the date that the debt was forgiven.

You have not made the car payment as you are filling for bankruptcy- can the bank reposses your car if it is not parked in your parking space?

Until the bankruptcy goes through, you continue to owe the money and the lender continues to own the security. Therefore they can indeed repossess your car.

Where the car is parked is irrelevant. In most cases, they won't even know, let alone care, that the space is reserved for you. They will simply find the and remove it.

Consult your bankruptcy attorney/solicitor or (in the UK) the Citizens' Advice Bureau for further advice. In the UK, at least, it is possible to be guilty of theft if you attempt to hide a car that belongs to someone else.

Your car is impounded but also on a list for repossession and you dont have the money to pay it if they auction your car can the company you lease from also sue you for the amount of the car?

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. == 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. == 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. == 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. == 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.

WHAT CAN HAPPEN TO THE DEBT AFTER YOUR CAR IS repossessed?

One of two things can happen after the car is repoed.

1. You redeem it by paying the past due and towing fees or

2. You let the lender sell or auction off the car.

If the selling price is enough to pay off the loan, then good..your credit it will show the account as a repo with no balance.

If the selling price wasn't enough, then the deficiency balance will still have to be paid...by you.

Again, you have choices..maybe not what you want but choices non the less....

you make whatever the balance that is left in one lump sum,

you make arrangements to make payments on what is left...and keep those arrangements...(it will help your credit in the long run) or

you don't pay anything until a judgment is filed and you are garnisheed.

Depending on the state you live in, the amount can range from a little out of each of your paycheck to alot.

Either way the bill gets paid.

You need to decide if it is worth all the trouble and embarrassment not to pay the bill.

Good Luck

If you insure the vehicle but do not own the vehicle must you pay for damages about policy limits?

What does the policy say? Are non-owner drivers covered?

Hey,how come you get an auto insurance when you do not own a vehicle?Insurance of a vehicle is mandatory on the owner of that vehicle!Your question makes no sense.(sorry for saying this).

When your car gets repossessed and you get a co signer they want you to sign a contract can they raise the interest rate?

Absolutely! The reason the auto was repossessed in the first place was that the original loan contract was violated - the payments were not paid when due. When the new loan with the co-signer is initiated, the interest rate is adjusted commensurate with whatever the current rate is. When a person is consistently late with payments, they become at risk with any loaning agency. Being a higher risk only ensures your interest rate will always be higher. The only way to reduce that risky interest rate is to conistently pay ALL your bills on time, and never miss any payments, and do this for, say, two years. Missing just one month can wreak havoc with your credit rating for many years in the future. It's just not worth it to not pay.

Who is a garnishee?

If a person has a legal financial judgment against them they can have part of their wages taken by the court. Their wages are garnished and they are the garnishee.

Will returning a car when your not the co-signer hurt your credit?

It will not hurt your credit by returning a car as long as you have not signed any promissory documents.

It will hurt the credit of the person who did get the car for you..please

talk to the lender and to the people that signed for the car before you

do anything.

The signer might want the car if he/she knows that not only the repo will show up on their credit but also any defiency balance and legal actions.

Bought a car now told its on finance Am i the legal owner?

you took a loan to finace the car from the dealer- the bank holds the title to your car- you are the owner and respondsilbe to pay the loan or the bank or fiance companmy can reposses your car

Can you refuse reposession?

You can refuse, but doing so will not stop the process. Likely as not refusing will only result in repossession at the most inconvenient time and place for you.

Why shouldn't one just stop making car payments and let the finance company repossess a car one can no longer pay for?

If it comes down to that you can't pay for it then you should call them and tell them to pick it up and repossess. There are consequences:

1. This will be on your credit history, making it difficult for you to purchase anything on credit again.

2. They will sell your car at an auction (often sold for well below what you owe) the remaining balance you still owe.

3. On the balance that you still owe they can take you to court, which can lead to garnished wages.

If you are going to lose your home or can't pay for your food because of a car payment it may be your only option, but you should only do it in those extreme situations. If you financial burden is temporary, talk to your loan company about deferments that will alleviate short term financial stress.

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