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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

If you are in an active bankruptcy and your car gets wrongfully repossessed can you file suit against the creditor after they admit to making a mistake and returning the vehicle?

Not really. if they gave the car back, well ok, if they kept the car you have investment in the car that you can use on your side. They are probably showing you who's the boss. Be nice to them and work with them.

Do you make payments while your vehicle is being repaired?

YES just because your vehicle is not currently being driven or is in a shop because it is not driveable does not mean that you stop paying for the car unless you would like to incur late fees or risk the chance of reposession... if its at dealership, yes... unless you return it or ask for a price reduction... but that would have to be major damage or work

In the state of Ohio can a husband be held financially responsible for the wife's repossessed vehicle if his name is not on the loan?

No, Ohio is not a community property state, therefore debts solely incurred by one spouse are not the responsibility of the other.

How do you get your car back once its been impound?

well it depends on why it has been impounded but most of the time all you have to do is go to the place where it has been taken and pay a fee to them and usually they will give you your car back

You will need to show proof of ownership, usually the title, and present proper identification. If there is no "hold" on the vehicle per law enforcement, you will sign the necessary release documents for the impound company and pay the pending fees. Reciept will be issued and the vehicle released to you.

How long can a trustee keep a case open?

A trustee can keep a case open anywhere from several months to several years if they discover assets. They are allowed time to collect the assets and then sell them. After that, they will notify and distribute the money to the creditors.

Can you cosign for a car if you are filing for bankruptcy in the future?

If you are filing for bankruptcy, and you try to cosign -- two things can happen. 1. the lender will turn you down. 2. If the court finds out you have applied for credit the bankruptcy can be stopped. If you mean that the car and loan will be for you during or after the bankruptcy, this still has to be disclosed and again the bankruptcy can be stopped.

Can the repo company charge you a fee to get your tag and personal items back in Florida?

In the state of Florida, we are required under Florida State Statute ch. 493 to do a full inventory of items located in the vehicle at the time of repossession. You are then notified by mail (to the last known address) of the charges and usually company policy regarding when you can pick up your belongings. We are allowed to charge for our agent's time to inventory the vehicle and storage of the property if we choose. It's up to each company to decide what the fees will be. The state of Florida states your tag is considered personal property and is redeemed at the same time as the rest of your personal property.

Can you get compensation for major custom work done on a financed vehicle that has been repossessed?

No. You wanted the custom work; it belongs to you. No one will pay you for customizing your own vehicle.

If a car parks behind you on a curb that is not a parking spot as you are getting into your car and you don't see him and you hit him while backing out does he have any liability also?

It sounds like that if you can prove it, he is very much at fault in this instance. I would contact the store/mall security to see if there is surveillance or utilize any witnesses or else this may be deemed 50/50 fault if there is no stead-fast proof. Regardless of the illegal parking, the driver of the vehicle in motion is responsible for any damages that occur. The law will presume he or she did not use reasonable caution in the operation of the vehicle.

How can a repossession with a zero balance affect a credit score and can it be removed?

A repossession will significantly lower your credit score, regardless of the balance. It will take around 7 years before the repossession is removed from the credit report.

Can you go to jail if you do not pay the debt against a voluntarily repossessed vehicle?

The only thing that can happen is that they sue you. The key is to stop promising payment. If you make any sort of deal to pay it restarts the clock on the 7 year timeframe. After 7 years, it should be removed from your credit report. You may not be able to purchase a car or really anything for a very long time. * No, the issue is one of a civil nature not a criminal one.

If a financed vehicle is contracted with another person who is not making payments can it be repossessed?

If you're asking whether the vehicle can be repossessed for non-payment, it can, regardless of who's supposed to be making payments. Whoever appears on the contract or paperwork for the car is responsible for the payment, regardless of what informal agreements may be in place.

Can your car be repoed if you're 90 days behind on car payments but are sending them 50 to 100 each month and have notified them in writing that the payments will be caught up completely in July?

Any action which is in violation of the original contract can result in reposession. If you don't pay insurance, late on payments and even if the vehicle is taken out of state or country if the contract specifically that you couldn't.

Once the lending institution can demonstrate that you have violated one or more of the terms of the original contract, the court can (and usually will) grant the motion of the lending institution and the car (or other property) becomes theirs whether you're still paying or not.

The lending institution MAY decide to work with you, but there is certainly no obligation.

If you are two months behind on a payment can your car be repossed?

First off it is not your car. The car belongs to the lender until you pay for it. Legally if you miss 1 payment you are delinquent and they can start repossession proceedings on their vehicle.

How many payments can you miss before your car is repossessed?

It varies from company to company. They won't tell you their policy, even if you ask. They CAN reposses after just 1-2 missed payments, I believe. They will not notify you. I was 3 payments behind with Key Bank, and I never got a call or a late notice in the mail or anything. Just woke up 1 morning & it was gone. You DO NOT want your car repossesed, ever. If you don't want the car anymore, call them & make arrangements with them to give up the car, and it will be much easier and not look as bad for your credit. I actually wanted my car back, and although I only was behind $600-$700, it cost me about $1600 when all was said & done to get it back. (And my radar detector was gone, the battery was dead, & it had obviously been driven very hard.) Even if you can't pay them right now, calling them is always better than avoiding them. If it is a temporary financial situation, many will offer a deferrment for a month or two. If they don't, ask. Also, if there is any danger your car may be repossessed, don't leave ANYTHING you don't want to lose in your car when you get out.
Usually 3 months. There could be shorter or longer terms by lenders.

Is a court ordered wage garnishment valid if their supervisor signed the order but the employee did not?

Yes. It sounds like the court document your supervisor signed for was the order for garnishment. As such, whether you signed for it or not the order is good; the letter was simply a notification. If your boss didn't inform you he signed for the letter, it doesn't affect the credit card company's legal right to have a judgment against you.

Is it better to pay the full remaining price or just buy a different car after repo?

It depends on how valuable you consider your credit to be. If you pay off the car, at least you'll be following through on the promise you made when you financed the car. Getting a little behind on a debt isn't nearly as bad as writing it off. Recognize too, that after they repo the car, it will be auctioned, and that probably won't be enough to pay the remainder of the debt. The lending institution will then send you a bill for what's left. You still owe that and now you don't have a car. If you write off that part of the debt or otherwise refuse to pay it, you probably won't be given many options when you try to buy your NEXT car.

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