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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 Simms Associates garnish your wages if they said they could in Texas?

Texas does not allow wage garnishment for creditor debt in most cases, but has amended the statute to allow for certain exceptions. The state has always allowed garnishment for child support, federal and state back taxes, federal or public funded student loans, and in some cases spousal maintenance (alimony). The law now allows for creditor remedy by garnishment if the debtor does not have sufficient nonexempt property to pay the debt, (such as a bank account or real property) the creditor may petition the court under TX.Code, 63.100 for a wage garnishment. The other exception is, if the debtor is employed by an out-of-state company, the judgment creditor can then garnish the debtor's wages under the company's home state laws.

What happens if insurance has lapsed with car damage before repossession?

You will have to pay the difference between what the finance company gets when they sell the car and the ballance on the loan. All it means is that the finance Co would have gotten more for the car if it hadn't been damaged so you would have owed less on the remander of the loan.

Who is responsible for vehicle damage if a tree falls on it during a storm?

It's called an act of nature. No one is liable for acts of nature. Simply submit a claim to your auto insurance. You'll be responsible for the deductible but they'll cover the rest.

There's a chance someone could be found at fault if the tree was rotten, not rooted correctly, grossly overgrown or otherwise unstable enough to fall, but you'd have to prove that 1) the people responsible were aware of the problem and 2) they refused to fix the problem.

If a car is not in your name and is not insured but is driven by your husband or x husband to be are you still liable by marriage?

states differ on this.......your marital property or assets could be put into jeopardy, if you are still married and he is sued....call your divorce attorney asap........he could tell you and perhaps protect you as well.......

What happens if you don't pay your car loan?

The repossess the car, can get a judgment against you and your credit is badly damaged.

What do you do when you are stuck with a new car you owe money on but no longer want?

You can't return it to the dealership so that option is out. You have 2 options that I can think of. 1) sell the car for what you owe on it or 2) allow the bank to take the car from you. The first option won't hurt your credit, the second will because it is called a "voluntary repossession." If you sell the car, but cannot get what you owe on it, then you should get another loan to pay the difference in sell price and what you owe on the loan. Paying that off is much less than a new car you can't afford. You will have to pay off the car entirely to get the title and sign it over to the buyer. This is why you would need to get a personal bank loan right away if you sell the car, but sell for less than the amount of your loan. Just be sure to give the buyer a 'bill of sale' with both of your signatures on it when you sell the car. This way, they can't back out of the sale once you get the title a couple of weeks later.

What is wrong if your car is not getting hot but uses a lot of water and the temperature gauge goes up a lot?

Is it smoking a lot? If so you probably have a blown gasket. If it's not smoking, check the thermostat. I don't get how a car could be not getting hot but using a lot of water and the temp gauge is going up. Have you checked for leaks?

What happens if you give a car back to the financial institute?

It goes on your credit report. If it's a lease and you can no longer pay for it it's best to find someone to take over the lease that way it doesn't fall back on you. * If the vehicle is leased the leasee will still be responsible for the remainder of the contractual agreement. If the vehicle is being purchased it is considered a voluntary relinquishment by the borrower(s). The car will be sold at auction and the borrower will be responsible for the difference between the sale price and the amount left on the loan plus applicable fees and interest. In either instance a repossession entry will be placed on the party's credit report and will remain for seven years.

If a car is repossessed twice will it show up on your credit twice?

I'm struggling to find a way for this to happen. If they took the car the first time, how did it come back for a 2nd repo? I have to imagine that you somehow bought the car once more and somehow landed financing for it again. Then, the 2nd company repossessed it. If this is the fact pattern, yes, it will show up twice.

What legal action can be taken against you if you stop payment on a check?

It's a crimeThis may be considered "negotioating a worthless instrument." That is a crime that in most jurisdictions is tantamount to theft. If the recipient of the check or district attorney or attorney general in that locality presses charges, you may be arrested and face criminal penalties if convicted.

Stopping payment on a check is not always a criminal offense. State laws determine when such action constitutes a violation of the criminal statutes. Generally, charges can be filed when the person stops payment on a check with the intent to defraud, for example writing a check when one is aware that there are not sufficient funds in the account.

There are many legitimate reasons to stop payment on a check, the check is stolen or misplaced, the check is post-dated, the check is 180 days or more old, and so forth.

Can lender come into the borrowers backyard to repossess a vehicle?

Yes, as long as the action does not constitute a breach of peace. The repossession agent may not however, remove a lock on a gate or enter a closed structure such as a garage whether it is locked or not. In a few states the repossessor cannot enter posted property, or can only do so at their own risk.

If you bought a brand new car and your not happy with what they did can you take the car back to the dealership?

No. Once you sign the papers, there is no buyer's remorse law (the 3 day rule) on vehicles. Sure, they would probably give a good deal buying your a used car with little mileage on it. But it is a used car the minute you drove it off the lot and probably lost several thousand dollars worth of value.

How long does a company have to inform a cosigner that the borrower is in default in payment?

It is their legal right to never inform you and simply allow your credit deteriorate. It is your job as the cosigner to make sure the contract is up-to-date.

Can the owner keep a car that is totaled but is still operational?

Usually you can, you can buy it back from the insurance company for a "salvage" price, you will then have a salvaged title and wont beable to insure the vehicle with full coverage any longer only liability. Talk to the adjuster about it.

How can you lower your finance charge after a bankruptcy?

That is part of the problem of using the bankruptcy laws. Afterward, lenders consider you to be a high risk and as such charge you more for a loan.

Can wages be garnished in Pennsylvania?

State law does not allow wage garnishment for creditor debt. It does allow garnishment for child support, spousal maintenance (alimony), federal and/or state taxes; and in some instances judgments pertaining to personal injury and/or property damage.

Can a car dealership or bank repossess the car if insurance payments are not made?

Depends upon the agreement you signed and what it states. Also, different state-laws could give someone certain/extra rights. * Yes, there are no lenders who would allow a person to drive a car that has not been completely paid for without it being insured. State laws governing whether or not a vehicle must be insured to be registered and driven are a different issue than the lender requiring insurance coverage.

Does a co-signer have the right to take away the car or ask for you to refinance only in your name because you broke up?

Yes, the cosigner is partly responsible for the car. Therefor they can take equal ownership or ask that you refinance in your own name so they are no longer liable if you default on a payment. Remember, missing payments will hurt both of your credit histories so they have a right to protect their reputation. * A cosigner has no legal right to any property unless his or her name is on the title, nor can a cosigner force someone to refinance a loan without taking the person to court and receiving a court order directing the primary borrower to take such action.

How can a house be repossessed?

The legal term is foreclosure. Anytime a mortgage agreement is defaulted on the lender has the legal right to begin foreclosure procedures to seize the property and sell it for the fair market value. States establish laws that control the way a lender can implement forclosure proceedings. Some states allow the lender to use the self-help method, meaning no court procedure is necessary. Others states require the lender to use the due process through the court as prescribed by state laws.

If you register your car in a different state what will happen?

Police officers get very suspicious when your vehicle registration does not match your driver licence.It shows that you are lying about your primary place of residence.And also tax reasons. The vehicle should be registered where the car is parked or garaged most of the time. Unless you can show proof of owning two differant properties,or use your parents address, a police officer will force you to match your licence and registration. Police officers get very suspicious when your vehicle registration does not match your driver licence.It shows that you are lying about your primary place of residence.And also tax reasons. The vehicle should be registered where the car is parked or garaged most of the time. Unless you can show proof of owning two differant properties,or use your parents address, a police officer will force you to match your licence and registration.

What are the rights of the cosigner to sell a car?

None, unless the cosigner is also on the title of the vehicle they have no legal rights to the property. When someone cosigns a loan for any reason they accept the responsibility of paying the debt if the primary borrower defaults. The only option a cosigner has in recovering money paid out in connection with the loan is to sue the primary borrower in the appropriate court, in the city or county where the borrower lives.

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