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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
What deficiency judgment laws in Maryland?
A homeowner who is foreclosed upon in the State of Maryland is exposed to the lender pursuing a deficiency judgment for the portion of the total debt not repaid from the proceeds of the foreclosure sale. The lender must pursue the in personum judgment (judgment against the person) within 3 years of the final ratification of the foreclosure.
Could you summarise the data protection act 1998?
The Data Protection Act of 1998 ensures that companies and individuals do everything in their power to ensure that any information held by said company is only kept for as long as reasonably needed, is kept secure and confidential, and is only accessed by authorised persons who have a genuine need to access the data.
What are the repossession laws on private property in Maryland?
Generally, open game. When you signed the contract, you more than likely signed a right to cure giving the lender the ability to enter private property to repossess the vehicle if necessary. If you are fishing for a way to hinder repossession, don't bother. It would be illegal for you to attempt to hinder the lender, and you could be charged with a felony.
What is the law on hiding a repo in Florida?
It is illegal. This is generally referred to as Hindering a Lender in Recovery of Property. You could also be charged with Larceny by Conversion, or Grand Theft Auto. In the event the lender obtains a Replevin, you could be charged with contempt of court.
How to get a court order for return of property?
You will need to file a lawsuit requesting an injunctive relief. For that, it is strongly recommended that you have an attorney represent you.
It will cost a lot less if you sue the person for the value of the property in small claims court. In small claims, you don't need an attorney (in fact, they are not allowed). See the below link.
True. Consent involves willingly agreeing to an action, either through actions, words, or both, with full understanding of the nature of the act and the ability to freely decide to participate.
Uniform Commercial Code what type of law?
The Uniform Commercial Code (UCC) is a body of law that governs commercial transactions in the United States. It provides a standardized set of rules and regulations for sales and other commercial activities, aiming to promote consistency and fairness in business dealings.
How long after a repossession can a creditor sue you?
The time frame for a creditor to sue you after a repossession varies by state, but typically it ranges from 2 to 6 years. It's important to check the specific statute of limitations in your state to determine the exact time frame.
What term describes a private wrong against a person or property?
The term is "tort." It refers to a civil wrong that causes harm to a person or property, leading to legal liability and potential compensatory damages.
How long do you have to keep someones belongings after they disappear?
Laws on how long to keep someone's belongings vary by jurisdiction. In general, it is advisable to follow local laws and procedures, which may include holding the belongings for a certain period of time before disposing of them. It is also recommended to document the process carefully to avoid any legal issues.
Surplus monies after a repossession section 105 of the law and property act 1925?
Section 105 of the Law of Property Act 1925 deals with surplus monies that result from the sale of repossessed property. It outlines how the surplus should be distributed, typically among the various parties involved in the repossession process. This could include the borrower, creditors, and any other relevant parties based on their legal entitlements as determined by the court.
Yes, in at least two scenarios:
- If the property owner gives permission to the repo agent to enter and take the vehicle, provided there is no free access to it: i.e. it is gated or the vehicle is tored in a structure.
- If the repossession agent has free access to secure the vehicle. That is, if the agent does not have to remove locks, or enter a structure.
Here's a common misconception though. Many debotrs believe that if they live in a gated apartment complex that the driver cannot enter to secure the vehicle. Not true. Provided the driver has not been served a notice of trespass by the property owner, he has access to the property as long as he can secure access. Security gates are not infallible, they can be circumvented.
You contracted to pay the loan. You signed the right to cure. You gave your permission for the vehicle to be repossessed in the event you defaulted. You did default and the repossession agent did his job. If you continue to refuse to honor you contracted obligation, you will still pay what you owe. It's just a matter of time and sometimes legal process.
When to get a writ of replevin?
It is wise to seek a writ of replevin any time a debtor threaten violence, makes a statement that he is hiding or refuseing to surrender the vehicle, or when he breaks the peace during a recovery attempt.
How do you the cosigner sue primary borrower?
The cosigner contacts an attorney who will process the paper work for him. Or, the cosigner can file the suit (foolishly) pro se (on your own). Or, the cosigner can file the suit in small claims court. What is important is that the cosigner can show significant and real damages before filing, or hope he is not filing in a state that will bring criminal charges for filing a frivolous law suit.
How many criminal laws does NC have?
North Carolina has hundreds of criminal laws that govern a wide range of offenses, from misdemeanors to felonies. These laws cover crimes such as theft, assault, drug offenses, and traffic violations, among others. The North Carolina General Statutes provide the comprehensive list of criminal laws in the state.
What are the deficiency judgment laws in Arizona?
Arizona allows deficiency judgments, but there is one exception that allows many homeowners facing foreclosure to avoid this worry.
Purchase money mortgages on one- or two-family homes on less than two-and-a-half acres will be denied deficiency judgments.
However, a deficiency judgment in any case may be allowed if a court finds that the homeowners committed waste.
Ariz. Rev. Stat. sections 33-741 to 33-749, 33-801 to 33-821, 12-1281 to 12-1283, 12-1566
Can a writ of bodily attachment issued for chil support in one state be enforced in another?
My understanding is yes. There is something in the child support world called Interstate Enforcement, and one state can send a request to another state to enforce any term of a child support order. Give your state's child support agency a call and ask to speak to someone in compliance enforcement.
Civil law is when a person has committed a crime against another person such as, failing to follow a contract or entering the owner's property without permission or neighbours fighting over who owns a fence and it also covers road accidents. Civil offences are usually punished by fines. For example, one person will claim that the other person's actions caused him harm, and file a civil suit seeking compensation for the damage caused.
What is the penalty for making fake IDs?
I think there is no penalty for making a Fake ID but for possesion and using it. Of course forgery of any official documents is prosecuted so you should not duplicate driving license, passport, personal ID card, credit cards.
But if you are making Fake IDs such as for fitness membership or stuff I think you will not be fined. Anyway you can see online that there are many Fake ID makers and they are not being prosecuted you might want to try to find it there.
What is the Right turn on red law in Colorado?
According to CRS 42-4-604, one may make a right turn on red if:
- they come to a complete stop
- they yield to pedestrians
- they yield to other traffic legally using the intersection
- no signs are posted otherwise (for example, "no turn on red")
1 How many criminal laws does NC have?
There is no exact number of criminal laws in North Carolina because the state's criminal code is extensive and complex, consisting of numerous statutes that cover a wide range of offenses. It is constantly evolving through legislative updates and new laws being enacted.
What law gives a borrower the right to stop payment?
Under the Truth in Lending Act, borrowers have the right to stop payment on a pre-authorized electronic transfer (such as recurring payments) by notifying their bank at least three business days before the scheduled transfer. This right applies to individual transactions as well as future recurring payments.
Is balance billing legal in Arizona?
"Balance billing" is the practice whereby medical providers attempt to recover or "recapture" the difference between the "customary" amounts charged for medical services and the more frequent lesser or discounted amounts received through agreements or contracts with medical insurance providers for the same services. Whether it is legal in Arizona has more than one answer and turns on the facts of the case at hand, such as the insurance provider and the medical lien holder. Arizona has a medical lien statute that provides significant preference to hospitals, including enlarged time periods to file and record the medical lien. In addition, court rulings have also afforded the hospitals priority recognition of the medical liens even where the medical liens filed by hospitals have not been properly recorded at all.
Andrews v. Samaritan Health, an Arizona appeals case, holds that hospitals can seek to recapture the difference between the agreed-upon, contracted-for price for services and the "customary" amount charged by the hospital. Note that the case amplifies that the balance, or difference between the lower insurance rate and the retail amount or price is a non-recourse debt or claim, meaning the hospital cannot seek to recover the balance (hence, "balance billing") directly from the patient. The hospital can perfect its lien and seek recovery for the entire balance amount if the patient was injured by a third-party, i.e., car accident or other personal injury, and the patient recovers a settlement or civil judgment against the tortfeasor (the bad guy).
Unless Medicare/Medicaid provided the insurance for the injured patient. An Arizona district court decision issued a year or two after the Andrews decision found that the federal statutes and regulations pre-empted Arizona's medical lien statute where Medicare/Medicaid was involved and held that no balance billing was permissible under those circumstances. See Lizer v. Eagle Air.
Most agree with the apparent fact that, in actuality, the "customary" amount charged by the hospitals is more likely a discounted, insurance rate than the retail rate for folks with no insurance before their cash "discount" is applied. At least it would be if frequency or prevalence of the amounts charged were used as the measure. It appears the Legislature and the courts in Arizona have constructively defined "customary" under the statute and the statute's application to mean the highest retail amount they could recover from a solvent patient that is private pay with no insurance.
What is the repossession law for Michigan?
It's called the Uniform Commercial Code (UCC). Go to this web page http://www.michigan.gov/documents/article9_18815_7.pdf This will explain what the creditors responsibilities are such as timeframes, methods of sale, notification, etc.
