Repossession

More than likely your insurance. Check with your insurance carrier for the answer.

Yes, the loan is not paid in full if there are unpaid lates fees

Can wages be garnished for the balance of an auto loan in the state of Delaware

Sell it if you can. Even if you have to sell it at a loss. Let the bank know what's going on and even though they'll complain and want to make arrangments for you to pick up any of the loan that isn't satisfied, at least it will be better for your credit in the long run than if you let them repo it.

Once you are late by a single day you are in violation of your loan agreement which means you can be repoed.Most but not all lenders try to get your loan current within 30-45 days before they repo.Depends on your payment history too.

Probably because one of the credit reporting agencies screwed up (this is a lot more common than you would think). You can first get a copy of each of your credit reports for free at annualcreditreport.com (this is a site where you actually get free credit reports by federal law, not one of those scam sites that give you a free copy of your report in return for your giving them a credit card number and they sign you up for some program or something). Once you get your reports (there are three national reports, get one of each at the site I listed above), then review them and see how many of them list the bankruptcy. Then, you can go to the website for each credit reporting agency that lists the bankruptcy and do an online dispute. Once a dispute is initiated, the credit reporting agency is required by law to review the false information and correct it. They may make you produce documents verifying it was not your bankruptcy, so you may want to get a copy of your son's bankruptcy paperwork on which the last 4 digits of his social security number appears, and send a copy of that plus a copy of your social security number to the credit reporting agency to prove it was not your bankruptcy. Of course I cannot give legal advice on here, but these are my suggestions that you can follow or ignore. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

If the co signers credit is going to be affected because of the lack of payments from the payee, and if the co signer is paying for the payments, then yes the car can be given over to the co signer, especially if the payee is not paying for the car that was agreed upon. check with the finance companies, and your local state, county laws.

If you have met all the terms of your loan including insurance etc. then you have excellent grounds for a lawsuit.Impersonating a police officer is illegal under any circumstances and you should contact the local police and file a report against the repo co. and contact your states attorney general office.Remember to include the lender in both reports because this repo-moron is their agent so they are responsible as well.

If you are not going to reafirm the loan, in other words- keep and pay for the car, then yes the bank will want the car back. Usually they will try to get the car back shortly after your 1st court date when the court has oked your petition to go thru bankruptcy.

How about tell the 20 year old adult to pay for her own car insurance? Or you can transfer the title to her, so she legally owns the car and she can apply for car insurance, which you will keep paying. You cannot legally own a car in Washington DC without having valid insurance. If Texas is her permanent residence and they don't require insurance(I assume this is why you are asking)then she can have the title transfered to her name in Texas. To prove permanent residence doesn't mean you have to live in an area most of the time. You just need to have your bills sent there. Think of congressmen who live the vast part of their time in DC, but have residency in their home state.

There are several factors that come into play here. First, you need to find out if there is Credit Life Insurance (CLI) on the loan. Many banks and other financial institutions offer this at the time the loan is made. This type of insurance is designed to pay off the loan in case of death. Find the original paperwork from the car purchase/loan if possible as the CLI information will be with it. If no luck there, call the financial institution with the loan and ask them if CLI was puchased. If CLI was purchased, then you will need to contact them and tell them that your husband has died which will then put things into motion for them to take care of loan. Once that is done, the car then belongs to whomever it is willed to.

If you have CLI.. stop reading....

When a loan is made where there is collateral used (as in this case) to guarantee payment, then that loan must be paid out.. or the collateral (the car) given up to the lien holder. So... if whomever receives the property does not continue to make payments on the loan, then the financial institution has the right to repossess the collateral. Advising the loan company who now has possetion of the car, simply tells them 1)where to look for payments and 2)where to go get the vehicle if payments aren't made.

I am assuming that since you stated the car title was transferred to your name then there is not problem with the will and probate.

One other point, if the car title is not a 'lien title' and in most states is will show the lien holder name on the title if there is one, then there is effectively no 'lien' on it. However, that may not save you from legal action should the financial institution be able to show valid paperwork that indicates the vehicle was used as collateral.

Last point your husbands estate consist of all assets and all liabilities that he has acquired and accrued. Liabilities must be taken care of with the assets of the deceased. Should there not be enough, then the owner of the debts against those assets are entitled to invoke the default provisions contained in the loan documents.

90, but don't push your luck. If you can't afford your car, your best option is to contact whoever financed it and explain your dilema. They want your money, not your car, so they will attempt to work with you. Ignoring them is alot like car theft. I would say 30-45 days 90 is pushing it.

Wage garnishments are usually handled by a process server or a government officialy such as the county sheriff's office. The judgment creditor has on obligation stop the garnishment right away. There isn't a specific time deadline to return the money that was garnished after the bankruptcy was filed, but it should be returned ASAP. If you don't have it back within a couple of weeks, file a motion with the bankruptcy court.

You present proof that the repossession never occured. You can dispute it with the credit reporting agency.

When you cosign for anyone you are taking 100% responsibility for the payments on that car. If the person that gets the car doesn't keep their payments up it will be repossessed by the bank with an option for the cosigner to take over payments or sell the car and pay back the loan. Marcy

If they take the money then yes however they have the right to refuse the payment since you are in violation of the loan agreement.

Not sure of TX law, but in AZ there is a 10 day right to cure period. In other words, a repo'd vehicle in AZ cannot be sold for 10 days after repo. In Ohio we deal with many "buy here, pay here" lots that send us orders to repossess vehicles. The way it works here is once we repo the car, the lender can't do anything with the vehicle for 20 days. If the debtor hasn't contacted the dealership (lender) after 20 days, the dealership will have the title transferred back to the dealer's name and depending on the vehicle's value they will usually re-sell it on the lot but sometimes will send it through an auction. Most people think that if their vehicle is repossessed that the only thing the lender can do with it is sell it at auction. This is not true. They own the vehicle now and can sell it however they want whether that is on their lot, auction, private sale, or they can take bids on it.

in nc i voluntarily repoed if you call i that because of the bad economy it was either let the vehicle go back or my home now they are going to sell my home to get what is left owed afterauction

Depends on your state. In AZ, they cannot liquidate the collateral for ten days after repo. If it has been longer than 10 days, they can sell it and you would still be liable for the amount due (minus what they made off of the sale of the vehicle).

Yes they can.They police do not need to be contacted nor a court order used because it involves contract law not criminal law.They may come on your(the loanee's)property to repo however they may not enter any structures nor cause any damage. Yes. Involving the police prior to the repo would constitute a wrongful repo. When you financed the car, you authorized the car company to repossess the vehicle if payments fell short. Ask yourself this, what would be cheaper, easier and less stressful? Paying the payments on time or going through the whole repo process? Hmmmm.....to me it would be the first one. Of course it's called self-help repossession. Most police departments do not require that you call and report anything unless there is no contact at the time of the pick-up. It's a good practice though to do it every time anyhow just so there is a record of the time and date. Plus it helps when idiots call it in stolen even when they know it was repossessed.