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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

How do you respond to a request for payment from a bank when you are not a primary or co-signer to the account?

First and foremost, you are never responsible for charges made to a credit card without your knowledge. You should request a copy of the statement(s) in question to be sent to your attention. Upon review, if the charges are fraudulent, advise the bank and they will put them into a dispute file. You will likely need to complete some paperwork and the merchants will have to pull receipts with signatures authorizing the charges. During this time, disputed charges do not incur interest or penalties. Regarding not being a co-signor, you will need to ask the bank for a copy of the original credit card application where you would have originally opted-in as a co-signor. If they are not able to provide this, legally you cannot be held liable for these charges. Good luck!

In Georgia can your car be repossessed if you are behind in payments but have been making up the arrearages?

Yes. Once you have failed in the conditions of the loan agreement, the lending institution can forclose if that is the remedy described by the agreement.

The best option is to contact the lender directly to discuss available options.

Please be advised, Georgia does not require a lensder to send a "Right To Cure" notice before taking repossession action.

If your car was repossessed 16 years ago are you still responsible for that loan?

There are only 2 states where the statute of limitations is the longest--15 yrs., Ohio and Kentucky. Either way--the time starts when the last payment/sale of the car amt. was applied to the balance. Make sure your time limit is up when you call your Attorney General in your area. Have the name of the company, phone number and the name of the collector/s for the Attorney General Check the following link for your state's statute of limitations http://www.bankrate.com/brm/news/cc/20040116b1.asp?print=on I Would Contact Your County Attorney About This. Sounds Like The Sham Artists Are Out Again. I`m Almost Sure In No Way You Are. But For All Concerened, This Needs To Be Made Known. Call The County Attorney Give Him The Facts And The Person`s Name That Has Called.

Are you responsible for maintaining your auto insurance after your car has been repossessed?

No. DMV ties the insurance to the license plates. If you still have the plate, then the state wants to see active insurance. This is the only way they know you still have the vehicle. In Florida, you can turn in the plates and receive a receipt for them. This will allow you to obtain new plates at no charge when you get another vehicle. You can also sell them back for up to 100.00 and pay for a new plate later when you purchase a new car.

Can Texas garnish wages for an auto repossession?

Wages can only be garnished for three reasons. 1. IRS 2. Child Support 3. Student loans. Anyone that told you different committed fraud if it was a collector. go to ftc.gov at the consumer section and you will read all your looking for

Can a credit card company take your car in Kansas?

A credit card company can sue you and receive a judgment in court demanding you repay your debt, but they can't take your car (or any other property) or put you in jail. Check out the Fair Debt Collection Practices Act for your rights as a consumer.

What is the best time to buy a car after a repossession?

When is the best time to buy a car? In summary the best time to buy or trade in a car will be as below:

End of Year

End of Month

Monday to Friday

In Minnesota Can a repo person take your vehicle out of your garage when you are not home?

This question is fundamentally flawed. The repossessor is not removing *your* vehicle from the garage - they're taking *their client's* vehicle - so the answer is YES.

If the bank did not auction your repossessed vehicle after 90 business days are you still liable and how do you get it off your credit?

You are still liable. As soon as the bank either auctions or sells the car, you will be responsible for the deficit (remaining) balance. Most times, the auto is not sold for the amount due on the loan plus repossessionfees, storage fees and transfer of title fees etc.

The faster you take care of the balance, the faster it will show up on your credit as paid. If you don't do anything, anc neither does the bank--it will remain on your credit for as long as the statute of limitationsin your state. Check this link for your state: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml#2

Take note!!!, the bank can get a judgment if they haven't already--they can garnishee your wages and/or yourtax returns to get their money back. It would be best if you call and make some kind of arragements now.

How do you sue someone that owes you money if they signed a notarized contract?

Go To Your County Attorney And Get A Packet To Fill A Small Claims Against Person. It Will Cost About $ 16.00. If You Win Your Case, You Can Charge Interest On Money Loaned. And Your Filing Fees Good Luck

Is the cosigner on a property considered to be a co-owner?

Yes. * No. Unless a cosigner is also named on the title to a vehicle or the deed to real property they have no legal rights or claim to said property.

How come some police cars are not equipped with lightbars?

Some police cars are not made obvious by placing a lightbar on the roof. It is easy to spot a regular patrol car in traffic, because the lightbar stands out above the roofline of most passenger cars. If police wish to be able to observe, tail, or otherwise operate without their presence being known, a lightbar is a hinderance. These are not undercover cars, being operated by detectives, but patrol cars operated by line officers, generally speaking.

Can your car be considered repossessed and put on your credit report as repossessed if they never picked up the car?

Absolutely. Once the car is considered repo'd it is all paperwork, otherwise you could just hide the car from the lender.

Can a credit card company take your car in New York?

No. A credit card company can win a judgment against you, which is a court order to pay a debt. If you still refuse or cannot pay, they can garnish your wages. But the company, who is not the law, cannot take your vehicle. * Vehicles are protected to the extent of the exemption that is allowed under the laws of the state where the debtor resides. It is possible if the exemption does not protect the vehicle and there is a considerable amount of equity the judgment creditor can pay off the lender/lien holder give the debtor his or her exemption amount and then seize and sell the vehicle. This rarely happens as it is expensive and time consuming and the judgment creditor seldom garners enough excess monies for the action to be profitable.

Will car insurance pay for an injury to a finger from the car door?

Why would you do that? Probably not as most insurance companies will refuse to pay out miniscule damages.

Can a collection agency garnish your wages in South Carolina?

AnswerSouth Carolina only allows wage garnishment by a judgment creditor if the creditor has no other means of enforcing the judgment writ (bank account levy, seizure and sale of nonexempt property, lien against real property).

The above is wrong. The ONLY entity allowed to do a wage garnishment in SC is the State or the Feds for taxes or child support. NO civil judgments can be collected via garnishment OR bank levy.

Can your car be repossessed if it is on someone else's private property?

Yes, as long as the repossesor does not commit a breach of peace as defined by the laws of the state where the act takes place.

Can charges be filed against you if you co signed for a car and the creditor is trying to repo it?

Criminal charges are not applicable. Financial responsibility is to the extent the lender wishes to pursue collection of the debt including but not necessarily a lawsuit. An exception in some states of a person committing a criminal offense would be if a replevin order is in effect and the vehicle is deliberately "hidden" from the repossession agent.

Can you have someone co-sign for your car purchase if they currently have a co-signer on their car?

They can on in theory as many cars their credit will allow. It will be another debt they are liable for. The bank/institution that would do the approval process may consider the individual 'overextended' if he were to do such, and would not allow him to.

Another Perspective

If your intended co-signer needed a co-signer for their own loan then chances are their credit isn't good enough for another lender to accept them as a co-signer on your loan. After all, the bank's purpose for requiring a co-signer is to make certain the loan will be paid. They will go after the co-sogner if the primary borrower defaults on the loan.

Can a finance company repossess your car if you are less than 30 days late?

Yes, but it's not always that simple. While it's easy for a finance company to come and repossess your vehicle for being 30 days late, the courts don't always agree with that action. For example, if you've been paying on your vehicle for some time and you get behind, if you have continual contact with the finance company and all of your contact information is correct, court may rule that the finance company had no reason to assume a material breach of contract for a default of 30 days. However, if you avoid contact with them (won't answer your phone), your address is incorrect, and/or you're still pretty early in your agreement, courts will most likely see it as a material breach. Unless your contract or state law says otherwise, you also have the right pick up where you defaulted (by paying the defaulted amount in full) on your loan and you're not forced to pay the entire amount of the loan.

Furthermore, you should keep in mind that, in states that have adopted the Uniform Commercial Code [UCC], after you pay 60% of the balance of your loan, a repossession and disposal (resale) is no longer beneficial for the finance company because the resale of the vehicle would satisfy the debt (so they couldn't come after you for the remaining balance) and any remaining funds from the sale, minus reasonable charges, is required to be paid to the consumer.

Most respectable finance companies/banks will not repossess a security interest until

it is easily provable in court that they had reason to believe a material breach of contract. However, "buy here, pay here" type places tend to be a little looser with their rules, but typically end up paying for it when they do get sued for doing so.

What is the penalty by law in Florida to hide a car to avoid reposession?

well you only get in trouble if you get busted. so the best thing to do if you get busted is to say that it was in your buddys grage while he worked on it.

Can the primary driver of an vehcile insure it in his name if he is not the titled owner?

It's legal, but it's strongly, strongly recommended that you not put a car title in someone else's name. Once you do, they own the car. They can choose to keep it, drive it, move it and keep you from operating it. You may think that will never happen, but believe me as someone who works in a police department, we see the complications of this every single day.

After repossession does a car dealer have to wait before they can sell your car.?

IT DEPENDS IF IT IS BUY HERE PAY HERE OR A BANK REPO BANK REPOS YOU HAVE 15 DAYS TO PAY THE CAR OFF IN FULL AND 30-60 DAYS TO RETRIVE YOU BELONGINGS OUT OF THE CAR. BUY HERE PAY HERE LOT WILL GIVE YOU YOUR CAR BACK AS LONG AS YOU PAY THE REPO CHARGE AND YOUR BACK PAYMENTS

Should you pay off a debt that has been written off by a company and sold to a collection agency if the agency is now trying to collect?

The debt is still valid and collectible therefore the creditor/collector can use whatever means necessary to recover monies owed. Collection procedures would also include the possibility of a lawsuit if the state SOL relating to the debt in question has not expired. It is always better to pay one's debts if at all possible.

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