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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
Keep in mind that in many states it is a felony to leave an animal alone in a vehicle.
The repo man is responsible since the animals are in his possession. The vehicle should not be taken with the animal still inside, if a living animal is inside, the person executing the repossession must contact the owner before moving the vehicle.
The owner of the vehicle can press animal cruelty and endangerment charges against the tow company. You cannot leave any animal without proper care. It's neglect. They can also be charged with theft even if they place the animal in a cage but don't return it to the owner. They can also be charged if they just let the animal free in the street.
A contributor charged one man with endangerment and cruelty after he trapped a cat in a cage and left him there for 24 hours without food and water. He paid $500.00 in fines plus court costs.
If an animal is taken with the vehicle (not supposed to) then call the Police and the SPCA. File charges against the tow company and the driver. The SPCA will also file charges. The Lender is ultimately responsible for the repossession and how this is executed but the tow company and employee is legally responsible as well .
Explain nicely to the PD about the pets and how that's all you want to get out of it. The humane part should go over good but if you stray from that, they will likely tell you ' its a civil matter, wait till Monday morning and call the lender'., in that case inform that you wish to file charges for animal cruelty and endangerment, do it and call the SPCA. Be sure to explain why the animal was inside the car.
- I once repo'd a car that had a beagle in it. The vehicle was a Dodge Dakota parked in a rural area at a house. The dog never made a sound. Must have been sleeping. The windows were up on the truck as well. I hooked up the truck in the driveway and left. I never knew the dog was there till I got back to the yard and checked the truck doors for security. Nothing ever happened. The people picked up the dog and left the truck. Please note that when I discovered the animal, I gave it a bed in my office along with food and water.
What will a car repossession do to your credit rating?
A repossession on your credit is NOT GOOD. Avoid it if there's anyway possible. You say the car is SOLELY in your name?? GO GET IT and sell it.
Could a truck be repossessed at 2 AM?
Danielle, VERY POSSIBLE. it is also possible that someone didnt get notified. Once GMAC assigns a repo, it will be on the hit list until GMAC closes the account with the repo co. There is NO time limit on when a repo is performed. Was it stolen??? Call the police and report it stolen. They will tell you if it was called in as a repo. Looks bad on you when you try to call a repo in as stolen. Call GMAC, they know if it was repoed. Good Luck
NAKEI, I dont KNOW the answer but I dont see why they would. How would repoing your car give you any income for the IRS to tax?? Is a collector/repo person threatening you?
No, the IRS will not take your taxes, on a repossessed vehicle or other property. However, the lender does have various legal options to get money owed them by an individual. This includes the ability to file a claim with the courts to garnish your wages and even your tax refunds.
You should check the laws in your state regarding "garnishment" because not all state allow for wage garnishment and that may also affect where your tax refunds can be garnished.
Can they repossess your car even if you have been making all the payments?
They can only LEGALLY repo your car IF you are in DEFAULT of the contract. That could be no payments, no insurance, using the car for an illegal purpose, ect. Is there any requirements in your contract that you may have not met? If you are NOT in default of the contract, call an attorney NOW. Good Luck
James, why would you want to drive a car for a year and NOT pay on it?? Are you nuts?? LOL Turn the car in and this will go away. take it to a dealersip and leave it. When they call again, tell them you "saw" it at such and such dealership. Give them the name of the dealership so they can confirm that its there. Simple???
NO they cannot arrest you. This is a civil matter not a criminal matter. If they have no court order then you cannot be arrested for refusing to turn in the car. If you keep the car hidden they then can go to court and get ajudgement on you. Then you must return the car. In that case failing to do so is violating both the civil law (which you cant be arrested for) and the criminal code (contempt of court...in laymens terms not doing what the judge or sherriff tells you to do after they obtained a judgment).
Mark D: ever heard of a "Writ of Replevin"? The sheriff goes after the car or YOU. One or the other. I'm serving one Monday. Wanna watch a truck magically appear?
Ya know, I haven't made a car payment in a year n 4 months either. And I'm glad to say the car is now mine. Thanks to the repo dike who had no clue on the repo laws, and screwed up by committing a Breach of Peace. Now I have made a civil suit against them all. Learn your rights. Because of the repo lady I am now Evan more disabled than I was before and to top it off, the police dept. would not give her the car, they told her to leave.
Can legal actions be taken when the person whose car was repossessed leaves the country?
Certainly, all that is necessary is that service is attempted and you have proof of those attempts. If service is physically unsuccessful, you attempt to service the person by registered, restricted delivery, return receipt mail. If this fails, you have the person served by public notice. Once this is accoumplished, you petition the court for a date, show up, and receive your judgment by default.
Is the co-signer responsible if primary is deceased?
Debbie, I'm sorry that you lost your brother. Your parents are responsible for the balance due on the bike UNLESS there was life ins. on the loan to cover it. Their best option is to (borrow the money to) PAYOFF the loan NOW. Avoid any more interest and/or FEES. Next option.. MAKE AN OFFER !! Have the cash ready when you make it.Maybe $2000???? Good Luck
Can lender report vehicle stolen during the repossession process?
joe, think about it. YOU are the owner, they are the lender. OWNERS report cars stolen. Some of those lying,cheatin,lowdown repo people will tell you its reported stolen to try to get you to GIVE IT UP. IF its REALLY stolen, YOU(the owner) should report it stolen to help the lender out. It will benefit you in the long run.
The answer to your question is simple; Of course the lender,ie:LIENHOLDER can report the vehicle stolen. Here's why; even though the registered "owner's" name may be on the registration, until you FINISH making your PAYMENTS to the LENDER, they still very much own it. Which is why financing takes you 3-5 years, before you actually "own" what ever it is that you've purchased.
Actually this is another one of those ones that depends on state laws where the vehicle is registered.
At the time the vehicle was taken into possession of the OWNER it was not stolen and so once the loan goes into default that does not constitute theft but is infact a civil matter that local law enforcement has no effect on. That is why we have the two methods of "Self-help" and "Judicial Process" to recover a vehicle.
The lender could actually face criminal charges for filing a faults police report when they know in fact that the vehicle is in the possession of the OWNER. Now if they receive notice from the OWNER that they no longer have possession and that they did not give permission to whom ever is currently in possession of the vehicle then that may be classified as theft.
Ultimately though no repossession can take place using force or threat of force and that includes telling the OWNER they are driving a stolen vehicle. That will come to bite any asset recovery agency in the ass if such conversation was ever recorded or otherwise proven in a court of law.
In other words just don't do it. Best practices for legitimate repossession companies usually follow these and other strick guidelines.
Not all repossession agents are low life lieing scum. Only a low life lieing dead beat debtor would feel that way about us. ;-)
I don't believe the first poster said ALL repo people are lieing cheating...etc. he said some.Broad statements about any group are usually not valid.Iam amazed at the repo guys on this site(and there are plenty including the moderators) who try and defend any action by a repo person legal or not just because they are fellow repoers.Maybe they will figure it out when their liabilty insurance skyrockets because of the actions of a stupid few.....then again maybe not.
Can the creditor attach or 'take' other property to satisfy deficiency?
James, don't know what state you are in But unless your state prohibits it, YES. The lien will "attach" to the property and when she gets ready to sell it, lien will have to be satisfied first.
NO.They can only go after what property was secured by the loan.
Is it extremely difficult to get another car if you've had your car repossessed?
Anon, It depends on how much you put as down payment and how HIGH an interest rate you are willing to pay. There are SUB PRIME lenders in every market waiting for you. Good Luck
Where can you get a loan to buy back your car that was repossessed?
Mike, that depends on how great your credit is. A repo on your record is NOT going to help. Any interest rate you get will be HIGH because of your credit rating. With a decent down payment you can always get a ride at a buy-here-pay-here car lot. Good Luck
Can a car be repossessed if the payment is due on the 15th and has not been paid until the 18th?
Chad, read your contract where it deals with DEFAULT and what makes you in default. Seems that for some reason, the lender did NOT believe the wire transfer was gonna make it. So to be sure they had something, they repoed. have you done anything to make them doubt that you would do whatever you tell them?? Good Luck
What happens to personal items in a repossessed car?
South Dakota TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by debtor. LICENSE REGISTRATION: South Dakota Motor Vehicles, 118 W. Capital Avenue, Pierre, South Dakota 57501-2080. Tel.:(605)773-3541. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. PLATES: Remain with the vehicle. PP??? YES, call the LENDER to arrange this. on your property??? yes ex??? you cooked it, you eat it.LOL
What are the legal repossession steps to take?
Oregon TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Oregon Motor Vehicle Division, 1905 Lana Ave. N.E., Salem, Oregon 97314. Tel.:(503)945-5310. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Out of State Titles or Repossession certificates are required. Oregon titles require a repossession certificate. To Transfer title to a repossessed vehicle, the documents needed are: (1) The Original Title Endorsed by the lien holder; (2) Notarized Affidavit of Repossession; (3) A copy of the final demand letter with its certified mail receipt attached. PLATES: Remain with the vehicle. (Custom plates remain with the debtor.) James,NO BREACH OF PEACE. NONE. NADA. Do you have a key? Do you know where it is? 2+2= GONE where 2+number of people(1 to drop you off at the car and you to be gone) and 2= AM in the morning(whilst the guilty sleep) and GONE= before they know you WERE there.
After voluntary repossession what is your credit obligation?
Keri, I suggest you think long and hard before you let it go back. The results are not nice at all on your credit rating. Read your contract where it mentions "deficency balance". Chances are that you will be responsible for any amount owed after the car is sold. If the payments are toooo high, ask the lender if they will lower the interst rate. If you have lost income but expect to regain it, ask the lender to defer a payment to the end of the loan. If you cant do anything else, try to sell the car yourself. You will get more for it than the lender will at auction.
I totally agree with the above answer. Repossession should be the absolute last resort. A repossession is a repossession. The only difference in voluntary and non voluntary is that you will not have to pay the repossession fees. This will stay on your credit report for 7 years and will cost you dearly. Sit down with the creditor and work this out. Like the above answer sell the car yourself or see if you can get someone to take over the payments. Do not allow the car to be repossessed. This may seem like the easy way out, but in the end it is the hard way out.
If a vehicle is repossessed is a cosigner responsible for 100 percent of the balance?
Jason, you are just as responsible as the signor. Think about it, you knew the signor's credit wasnt good or you wouldn't have needed to co-sign. When you co-sign, you are saying "if they don't pay this loan,I WILL". Make sure the lender knows where the the whereabouts of the signor and how to get in contact with them. good luck
Can they break into your locked garage to repossess your car?
First, State Laws on this issue may widely differ. You would do well to check with an Attorney of Law or even the Attorney General's Office in your State.
Second, many state laws state you can be charged criminally for Hindering Secured Creditors. For instance Google TX Penal Code 32.33 or RCW 9A.56.096. This and below are examples of how many states have similar laws, but it is nearly impossible to get the charges filed against the debtor.
Third, NO, a repossesser cannot LEGALLY break into your locked property. Check the Fair Debt Act and you will find out that you cannot threaten anyone with arrest! Unless there is a court order that only a law enforcement officer can serve, the tow driver can't do a darn thing. You can call the police and have the tow guy removed from your property. Without a court order, the police cannot force you to turn the vehicle over because it is a civil matter. The police can only keep the peace. This is only when there is NO court order. You can keep the car locked up all you want if you want to catch up the payments. Until the lender gets that court order, no one can remove a vehicle from a secured/locked building, or tell you that you can be arrested if you don't turn the car over.
Fourth, HOWEVER, owing a lender money is a civil matter. But a repossesser is enforcing a security interest and when a debtor refuses to surrender collateral (at least in Va) the debtor has crossed the line, changing a civil matter into a criminal matter, and the debtor can be arrested if the lien holder pursues it (that's a big IF in most cases). So telling a debtor they COULD be charged with a felony is true ref: vacode 18.2-115.
If the repo man can prove that you are keeping the unit locked in the garage to keep him from getting it, that can be the as the same if you were hiding it at your friend's house. In Colorado, it is a class five felony for concealment of mortgaged property. I have told debtors that sometimes and it works, but I only say that they CAN be charged if the repossessing client wants to do it that way. We actually had one case that was pending against a debtor for concealment, but the client dropped the case because the debtor made her payments up the next time the repossession came up. We refused to waste our time with it until there was a court order.
Fifth, what are you going to do when the sheriff comes to get the car? In the meantime, are you going to let the car stay in the garage because you are sure the repoman will nab it if you take it to the store, etc? Seems silly to keep a car you can't drive and you haven't paid the payments. Anyway, the longer you assert your "rights" the MORE the fees add up and the more you will pay in the long run. you can rent a car cheaper than you can hide it in your garage.
How can you find out if your car is going to be repossessed?
call the LENDER and get it straight. If you are current, they need to CLOSE the acct. with the repo co.
Do you owe the balance if your car was repossessed but the credit report says it was charged-off?
Joe, lets say you owe me $1000.00. I have a legal contract stating that you owe me 1K. That contract can be sold to anyone who will buy it. If I decide to sell it to Sam for $500.00, I can do that and show a charge off of $500.00 that I "lost" on the sale. Sam however, intends to collect $1000.00 from you because he has a contract you signed agreeing to pay $1000.00 to whoever holds the contract. If you pay Sam the 1K then the contract will be worthless because its paid in full and you have reciepts showing you paid it. If you don't pay Sam, then Sam will get a judgment for however much you didnt pay plus any fees he can add on. Then the fun begins. Good Luck
How will a repossession hurt you?
Brent, who held a gun on you and made you sign the loan papers?? You got ripped off by your own self. Anyway, if you let it go back, the lender will sell it at auction for MUCH less than you owe. Example; u o 10K,car sells for 3K, balance due 7K. The lender will get a judgment for the balance due and then the collection fun begins. IF there is any way possible, sell the car for all you can get, borrow money to go with it and pay it off. That will leave you with a smaller note to pay and no collection hassles. Good Luck
BTW, your credit will also be ruined for 7 years.
Can they repo your truck for not having plates on it?
You will probably never know the truth. looks like you "assumed" the notes from the owner and NOT the lender. Chances are that the owner was behind on the notes and that's why it was repoed.
How does a settlement of a repossessed car affect your credit?
Melanie, ANYTHING that has to do with how you pay your bills will affect your credit. Anything good will help and anything bad will hurt. A repo is on the BAD side and a settlemnt is usually on the good side. How the creditor reports it to the CRA will affect how good or bad it looks. The method of reporting is a possible negotiating point. a settlement is like anyother "deal", the more time and effort you put into it, the better the results. Good Luck
Do you have to bring your car back to the dealer for repossession or do they pick it up?
You DO NOT have to take it back, but it will save you some money if you do. They will come pick it up if you tell them to.
