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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 make a cosinger's agreement in which you obtain ownership if the other party misses his payment?

That's what they do at the bank, if the main person does not make the payments the cosigner is responsible to take it over.

After repossession of a car if you pay the loan off in full and get the car back is that still on your credit report?

Yes, there will be evidence that SOMETHING happened, but it will also indicate that the problem was properly resolved. Yes. Even though you corrected the problem, you still made the mistake. It will always be there.

If your car is repossessed do you get your money back that you have already put into it?

Of course not! ************************************************************* I'm not sure I understand the question.

You are asking if the bank will return the money you spent for "extra equipment" you invested in after buying the car?!?

Your car is being Repo'd so chances are, you haven't been making payments on the car.

Whoever sells the car probably isn't going to be able to sell it for enough to pay the loan in full. So not only are they not going to give you money back, but you might be obligated to pay the difference between what the car sold for and the amount left on the loan to avoid being sued.

How do you get a car back after repossession for no insurance?

Since you have violated the terms of the loan, there is no obligation for the lending institution to reinstate the loan. So you can pay off the loan in full but if they don't want to sell you the vehicle, they don't have to. It's theirs now. They get to dispose of it as they feel appropriate. However, if it was for no insurance they will most likely reinstate the loan. Just call them and be very nice and let them know that they sent the bill to the wrong address or something. I have just recently gotten my car back after it was repoed for no insurance. It will suck for you though, they take your personal items and re-sell them to you. What a steal.

How do you get a vehicle from the person in possession if you are co-owner and he is not paying the loan?

Check the vehicle registration, if you are the only one on the registration and you are paying the bills, then you are the legal owner. You can call it in as stolen and get the car back that way. **************************************************************

If you are a cosigner on a car that is in Repo status then you either need to pay the lender they are asking for (In order to stop the Repo) or the Repo will go on your credit as well. This can very by State so I would check the laws in your state.

Remember that when you cosign a loan you are as responsible for the payments as the person you are cosigning with. Hopefully you saved the paperwork you signed when you financed the car, I would find the papers and read the fine print (your responsibilities are in that little text somewhere).

What happens when your car is repossessed and they take you to court but you still can't afford to make the payments?

Your wages could be garnished. What happens in a repossession is that the car is auctioned off. Then you are responsible for the remaining amount owed. * When a borrower is sued for monies owed and the plaintiff wins the case a judgment is entered against the debtor/defendant. Judgments can be executed in accordance with the laws of the state where the debtor resides. The preferred method is wage garnishment or bank account levy, followed by the seizure and liquidation of non exempt property or a lien against real property belonging to the debtor.

Can a cosigner repossess the car?

No, only the lien holder of the car can repossess it. If the primary on the account can't make the payments, the co-signer becomes leggaly responsible for the debt. No. You have to go through the legal processes and sue for the car. If the primary owner of the car is not making payments and you can prove to the court that you have made the majority of the payments, then you may be able to get the car. You should never co-sign in the future, too much is at stake when you do. If your name is the only name on the registration, then you can take the car from the primary owner - call it in stolen if they refuse to give it up. Technically, the owner is the person on the registration - no matter who pays for the car.

How soon would a repossession occur for missed car payments?

REPO AFTER MISSED PAYMENTSIt can occur quite quickly. Missing a car payment is a breach of contract and they can put out a repo on your car right away. Most lenders do not want the car, they want their money, they want the late fees and they want to continue to do business with you. As a former collector, usually it's 90 days, then your on a "HOT LIST." Repo guys are out to get your car fast cause it's easy money for them when they can get you with your defenses down. By that I mean hiding the car until you can get caught up, or something like that. Rather than hiding out, hiding the car, pulling all that stuff, it's best to keep a professional relatioship with your lender. You can always defer a payment or 2 until the end of your loan, you will have to pay extra for this, but at least it helps you in your financial times of trouble. Face them and try to deal with them honestly, but remember they are tricky and they can pull whatever they want and sneak attack you and take the car and tell you it is tough. Then you would have to pay the car off prior to auction, repo fees, and then it's yours. So, on the other hand, protect yourself ( always ) and if you need time, hide the car at a friends ( far far away ) don't let a skip tracer or spotter hunt it down, or follow you to it and snatch it up. Try to keep 3-4 payments aside in a separate account for rainy days. Get a spare job to do it even if it takes you a few months to save up. Get a credit card for these situations too. Always try to have 1-2 emergency reserve credit cards for this, or any other reasons.

Can a husband be held responsible for the amount owed on a repossesssed vehicle that is solely in the wife's name when she has no job or assets?

The spouse would only be responsible if the married couple live in a community property state. Community property states treat marital debt as joint regardless of which spouse incurred the debt(s); (Texas and Wisconsin attribute marital debt responsibility differently than do the other CP states).

Can a lender garnish your wages after a voluntary repossession in Georgia?

Yes, if the lender wins a lawsuit judgment they can execute the judgment as a wage garnishment. Georgia follows federal garnishment guidelines of a maximum of 25% of disposable income with the first $154.50 (weekly based) being exempt from garnishment action. A valid garnishment is generally imposed until the debt is paid.

Does your car insurance policy transfer when you rent a car?

Auto Rentals and Auto Insurance Coverage

Usually your standard lines car insurance policy does transfer when you rent a car.

Limited lines policies generally DO NOT transfer to a rental car.

It is always best to check with your auto insurance agent first, before you rent a car and assume you have coverage and to also find out if you have any applicable deductibles.

An example I can give you is that when we vacationed in Hawaii and rented scooters, our auto owners insurance would not cover us because we were in the state of Hawaii, which had some type of exclusion. So, is best to check with your agent before you rent your transportation.

Can a credit card company take your home because of an unpaid balance in Virginia?

NO WAY * Yes. In the majority of U.S. states any creditor (including credit card issuers) can file suit and if they win can use the judgment to place a lien against a home and then request a forced sale of the property. However, even though it is legally possible it is very rarely done. Whether or not a home can be sold depends upon the amount of equity the owner has vs. the allowed homestead exemption, the existing state laws governing forced sale actions and how the property is titled. Many consumer's believe a credit card is being considered an unsecured debt the issuer or their agent has no legal recourses to collect money owed, this is not true. Unsecured debt simply indicates that there is no specific collateral that the debt is tied to and therefore all property belonging to the debtor that is not exempted under the laws of the state where the debtor resides is subject to creditor seizure and sale or attachment. "Macky"

Can a car place repo your car if you have made half of your payment?

Not making the entire payment is still a default on payment. You will be charged the late fee and you will need to make it right with the bank or they will start the process of repo.

How can you get out of a car loan without a repossession?

Sell it for what you owe if it is possible. Pay off the loan, get the title and sign it over to the new buyer. If you cannot get what you owe, then get as much as you can. Get a personal loan from the bank to pay of the remaining balance. The personal loan is better than the amount you owe on the car.

What can the buyer do when they have reached an agreement with the creditor to recover a repossessed vehicle but the repossession company refuses to return personal items or release the vehicle?

Take them to court. * It is possible they are within their legal rights to hold the vehicle and its contents if a replevin order or other court order is in effect. Often the lender's agent cannot release the vehicle until they are informed by the lender that all the reaffirmation documentation has been finalized including checks clearing, insurance confirmation and so forth.

Will a repossession affect my husband if his name is not on the loan?

Perhaps. If the married couple resides in a community property state, all debts and creditor action apply to both spouse's if the debt was incurred during the marriage. It will also be a factor in any future joint financial transactions the couple may want to make in the future, such as a mortgage loan or a refinancing or equity loan for a home. However the repossession should not appear on the husband's credit report; allthough this is not a certainty, as CRB's are somewhat notorious for their lack of accurate reportage.

Can they still repossess your car if you get caught up on the payments?

Depending on the state of residence, it is possible for a lender to still repossess your car if you get caught up on the payments. Certain states allow a lender to request full payment of an auto loan when borrowers fall behind, even if they have caught up on past due payments.

Your sister took out a loan for a vehicle for you The loan is in her name and registration tags etc you didn't make payments to her for a few months now she says she is taking the vehicle back and sel?

She can do that. It is legally her car and according to the paperwork, the state will view it as "she was renting the car to you." She has every right to take the car away, it will hurt her credit if she can't come up with the money to make payments. You are obviously not responsible enough to own a car or you could have made a purchase on your own. Next time, purchase under your name so you are responsible and liable if a payment is missed.

MY husband passed 2 weeks ago sorry to say but he had a vehicle ONLY in his name and also title I am his wife am I responsible?

Did the car get repossessed? This I believe, would best be addressed by the person/entity who has the lien on the car (the bank, the credit company, etc).

If your husband recently passed but you had voluntary repossession of his vehicle which was picked up this morning and the title and financing were in his name would you be responsible as his wife?

You should consult an attorney for the correct answer, but, my experience would indicate that you would not be responsible if you did not sign on the contract at the time the auto was purchased. * If the married couple did not live in a community property state, the debt belongs solely to the deceased and becomes a part of the probate procedure the surviving spouse would not be responsible.

In Pennsylvania if you lease a car and voluntarily repo it can they attempt to make you pay balances?

Yes, voluntarily relinquishing a vehicle does not relieve the borrower from the original contract obligations. The lender/leaser can sue the borrower for the amount still owed on the contract and any applicable fees.

What if someone did not reaffirm their car after they went bankrupt and missed four payments what will happen?

Your car will likely be repossessed if you did not sign a reaffirmation agreement. If it was included in the bankruptcy, but just not reaffirmed, however, a judgment can not be placed against you for past due amounts or any balance owed. They can, though, slap you with a repossession on your credit record.