Repossession

You must get the finance company to agree to terms. You can't get the car back by any means other than getting the finance company to agree to something. You do have a certain # of days to pay it off in full, but after than and other than that, it's their car.

I filed bankruptcy, Chp 13, 2days after my vehicle was repossessed earlier this week.My atty has promised my vehicle back to me within 3-4 days and is currently having those arrangmnts made., however I must drive to Atlanta from Macon to pick it up myself..Read up on filing Ch 13, especlly if you have alot of other dept.Its not as bad as it sounds.

keep on kidding yourself...ANY BANKRUPTCY is bad

Re: Bankruptcy. Unfortunately, since they recently revised the bankruptcy laws, bankruptcy may no longer be available to you.

It depends, if you did not have a security agreement on the loan, and if you didn�t file for a new title with your loan on it, you can�t enforce a repo (this is for Colorado, but it is similar for other states). It seems to be that you need to go to court, and prove to the court that you have a right to the car, depending on what is in that letter, and then the court can issue a repleven, which is a court order that can be enforced by law enforcement to get the car back. good luck.

The tow company is responsible for damage they did to the vehicle, if they claim they didn't do it you have to prove it and make a claim/sue them, otherwise you need to claim it on your insurance.

Unfortunately, yes they can repossess your car. They have the right to take it at any point that you do not make a full payment on or before the indicated pay day. The only exception is if you have a written agreement that states you have a grace period.

Otherwise there is nothing you can do about it except pay in full on time every time.

you can not have true info removed legally from your credit report.

You are responsible for the entire amount that you owe them - (minus) the amount they get for selling it, which won't be much with $6k in damages. They will report it on your credit, possibly try to get a judgment against you so they can garnish your wages or lien your property (these laws vary by state) but most likely they will just report it on your credit once as a repo, then as a charge off for the amount left.

If the car is that badly damaged the lender will refuse to take the car.They will still come after you for the money owed.In your contract it will state any damage to the vehicle that was caused by you, that you will be responsible for the repairs that the lender has made. Plus the balance and all fees accured.If you were to file bankruptcy these debts will be wiped out and the lender eats the repair bill along with the rest. That is the reason lenders will not take back a damaged vehicle.

YES - the fact that the original term of the lease had past has nothing to do with it since the payments weren't made.

That is a repossession. Anytime the lender get's the car back instead of the money agreed to on the contract, it's a repossession. It will show as a voluntary repossession. And hurts the credit. Doing it does not relieve you of any deficiency between the amount the car gets sold by the bank for and the amount you owe. However, you would save many of the costs that the bank would have to expend, (fee's, towing, etc.,) that would become part of the amount you owe (hence make that possible deficiency bigger) in a "normal" repossesion. It is definately better, ABSOLUTELY ALWAYS, to co-operate, even work with the lender if you cannot make payments and would end up with an involuntary repossession. And when you do this "possession in lieu of forced repossession", you may be able to get them to agree to any number of things: Perhaps even waiving any deficiency; very possibly along with allowing you some time to sell it yourself - which is cheaper to all than having to have a broker and such involved, and can get substantially more for the car than it being sold in a bankers wholesale auction.

You need to give the car to the lender - if they are too far away then you need to call them and tell them where it is and ask them how they want to get it.

YES.

Not usually. In New Jersey if you have more than 90 % equity in the vehicle they can no longer take the car. BUT they can still damage your credit for 7 years and try to collect in court. In practice they almost always damage credit with a chargeoff or a closing of the account but they rarely sue for small ammounts though they still can.

In my experience, a lease and a loan repossession are the same - I had a voluntary repo where I brought the car back to them with keys, and just got a car with loan repossessed and they do the same process with both, and yes, you are responsible for paying any unpaid amounts. In my situation they were both sold at auction and I was responsible for the outstanding balances to pay off. I didn't see any difference in leasing or with loan to own.

i am leasing a vehicle and today is the last day of my contract and i am over the mileage and the dealership charges 15 cents a mile after calculating it ends up being more than what the car is worth what should i do if i cant refinance it

No, but if the bank writes off any portion of the loan as a cancelled debt and reports it you on Form 1099-C, then you must include that on your tax return as income. Cancelled debt is taxed as income under the Internal Revenue Code.

• Cosigning a loan means that you are willing and able to ensure that loan payments are made in any situation in which the other party fails to pay.
• As a cosigner you are just as responsible for the loan as your adult child. If the bank repos and then auctions the car you are responsible for any balance due and the bank will come after you not just your daughter to recover their money.
• Any repossession can and generally will be reported on your credit reports as well as hers. Additionally, since your financial situation is likely better than your adult child's, debt collectors would generally come after you more aggressively for repayment of any deficient loan balance.
• I would get the car from your adult child and make the payments. Have your adult child pay you directly. That way your credit is covered and it will also improve her credit.
• Take possession of the vehicle and pay it in full. Once you own it outright, you can give it to your adult child or sell it to anyone you choose and your credit will remain intact. If the bank already repo'd it, go talk to them, pay the loan in full and transfer the title into your name.
• Never cosign a loan for anybody for any reason unless you're willing to assume responsibility. The BLAME goes with BOTH of you. Your child for not being responsible and yourself for letting you get roped into this situation. Never cosign a loan unless you can be fully responsible for the loan just like it was your own. The principle party from a credit perspective will destroy your credit if they don't pay the loan and there is nothing you can do.

Usually the bank has a list of repo companies they do biz with and they pick one to repo the car. Maybe the closest to the car, maybe the cheapest, whatever.

They cant legally "threaten" to do do anything that they cant legally do, so the answer is YES, they can attach your home.

In MOST cases, you are responsible for the BALANCE DUE. Read the contract you signed to find out more on it. It is NOT something you want to forget about. lenders do get judgments for the balance and do collect them.

Your responsible to pay back the loan, plus all accumulated interest, fees, costs of collection, etc., as that was all provided to you as terms of your getting the credit and loan you asked for. If the property is recovered, after all the additional costs of doing so, doesn't pay the amount provides less than the payoff, the rest is still entirely due and owed by you. It is just no longer secured by the property. Any excess amounts are returned to you.

In bankruptcy you may have a different result, with the excess debt being possibly discharged.

Yes a private person can have a car repo'd but if the car was stolen like you stated then you must report this to your local police and let the piece of trash that stole it go to jail.

Yes, you can have a car repoed. BUT if its been 'stolen" as you posted, wouldn't that be putting a repoman in danger ???That's why very few repo cos. do "private party repos." few people take the time to get the paperwork right, ect. Then they want it done for almost nothing. Its best to leave the "stolen" cars to the cops and the financing to the lenders.

You can take possession ONLY if your name is on the TITLE. Otherwise, you should contact the OWNER(primary borrower) and attempt to work something out to get possesion AND talk to the LENDER about putting the loan in your name ONLY. Dont mess with it if your name is NOT on the title.

BEFORE I SAY ANYTHING, DONT COSIGN FOR ANYONE. IT RESULTS IN UNNECESSARY GRIEF AND STRAINED RELATIONSHIPS.

The documents that the lender has you sign is to protect them, not you. You need to have a side contract that states that what your rights are if the primary buyer defaults. I would have the primary buyer and the lender agree that you can purchase the loan contract from the lender for the remaining balance and can excercise all the rights of the bank. In that document, you should also take a second lien in the collateral. Lastly do not rely upon or act upon anything I have said here before consulting your own attorney.

<a href="http://repo.net/ourqualifications.htm" tagged="_blank"> Your Freind,

Don - The Cynical Patriot</a>

barb, you will need to prove that the repoman pulled your car in park. Why??? Because he could have unlocked the door, opened the hood and pulled the shift cable off, then put it out of gear. That only takes about a minute and a half. The fact that it was 2 weeks before it broke makes me at least wonder. However, the LENDER is ultimately responsible for any damages incurred during and after repo.

The tow company is responsible for any damage incurred during and after while it is in THEIR possession.

I am very curious to who "Roosta" is and wherein he has received his knowledge of Repossessions? Barb, I would check your local state statutes and also your contract. Contrary to what you are being told the repossession company or finance company are not responsible for the damage unless they were PURPOSEFULLY NEGLIGENT. Most State Statutes would call your situation "An Asumption of Risk". In otherwords, you assume the risk of possible damage by allowing yourself to be put in a position to be repossessed. As far as my knowledge? I own a repossession company, sat on our state association board for 2 years and average 150 repossessions a month. Be cautious who you take advice from.

by roostaI don't know when you posted this, but if you see it, feel free to email me wonk at 14ma dot com. Do you think the opposing counsel will not show the repo company PURPOSELY NEGLIGENT for pulling a car in park??? Once you hook the car, YOU assume responsibility for damages. That's why Prime, ect. make money. Repo companies that cant/wont invest in equipment to do the job properly. As to your other point about the lender, the lender is the one who ordered the repo, so they have to pick up the ball if you fumble it. Thank you for your reply.

I own a repo company and on our repo order we have what is called a ''''hold harmless agrement'''' witch is a legal document stating that the lender gave me permition to repo a vehicle and will be held harmless for and against any and all claims,losses,and actions, except unlawfull acts of our firm. Which means the lender hired us as a contractor to recover the said vehicle and not be held responsible but the lender is. But don't count your chickens yet.. This is lenders we are talking about and they don't want to pay for anything, so in your contract you signed when you bought your car it probobly says that if this happens you will be the one to pay for it because you are in default of a signed contract.

I think the B/K is the lessor of the 2 evils. from what I've read, its better(if there is such a thing) to wait until the creditorsget the judgments. The do the B/K thing and get the repos and judgments taken off at one time.get legal advice before you do B/K, it stays on your record for up to 10 yrs.

IF you plan on getting it back, dont drop it. If you're NOT getting it back, drop ASAP. The lender has coverage.

Good answer.

If you can't afford to get the car back, drop the insurance. You should not have coverage on the vehicle that is not longer in your possession. Let the lender assume the responsibility. Why pay for something you don't have anymore?

NO. It can be sold any way the bank wants it to be sold

My car was stolen by an ex, Did you REPORT it stolen?

who phoned an insurance agent about cancelling policy on the stolen car WHOs name was the policy in?? I cant cancel YOUR ins. but I can mine.So, this whole mess was supposed to be in litigation with the insurance co included. that's one issue in itselfI have been charged with a reposession due to default. I refused to pay a car payment each month for something that was not tangible. ***THIS is another issue between YOU and the LENDER.The insurance agent illegally uninsured my car and refused to estimate it. YES if you didnt pat the payments, you were in DEFAULT of the loan. So, undoubtedly YOU had the loan, who had the ins.?? That problem should help settle the repo problemAm I liable for this repossesion?