Repossession

Don, IF your name is on the title as co-owner, you would just be taking possession of your own car. If its NOT on the title, you cant take possession legally.Why not go to the person in possession and tell them to give up the car??

NOPE

� 31.0025. AUTHORITY OF COURT TO ORDER TURNOVER OF WAGES. (a) Notwithstanding any other law, a court may not, at any time before a judgment debtor is paid wages for personal services performed by the debtor, enter or enforce an order that requires the debtor or any other person to turn over the wages for the satisfaction of the judgment. (b) This section applies to wages in any form, including paycheck, cash, or property. (c) This section does not apply to the enforcement of a child support obligation or a judgment for past due child support.

Added by Acts 1991, 72nd Leg., ch. 671, � 1, eff. Aug. 26, 1991. NO, BUT read on... � 31.002. COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING. (a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that: (1) cannot readily be attached or levied on by ordinary legal process; and (2) is not exempt from attachment, execution, or seizure for the satisfaction of liabilities. (b) The court may: (1) order the judgment debtor to turn over nonexempt property that is in the debtor's possession or is subject to the debtor's control, together with all documents or records related to the property, to a designated sheriff or constable for execution; (2) otherwise apply the property to the satisfaction of the judgment; or (3) appoint a receiver with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment. (c) The court may enforce the order by contempt proceedings or by other appropriate means in the event of refusal or disobedience. (d) The judgment creditor may move for the court's assistance under this section in the same proceeding in which the judgment is rendered or in an independent proceeding. (e) The judgment creditor is entitled to recover reasonable costs, including attorney's fees. (f) A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code. This subsection does not apply to the enforcement of a child support obligation or a judgment for past due child support. (g) With respect to turnover of property held by a financial institution in the name of or on behalf of the judgment debtor as customer of the financial institution, the rights of a receiver appointed under Subsection (b)(3) do not attach until the financial institution receives service of a certified copy of the order of receivership in the manner specified by Section 59.008, Finance Code. http://www.capitol.state.tx.us/statutes/cp.toc.htm CHAPTER 31. JUDGMENTS SECTION 31.001. PASSAGE OF TITLE SECTION 31.002. COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING SECTION 31.0025. AUTHORITY OF COURT TO ORDER TURNOVER OF WAGES SECTION 31.003. JUDGMENT AGAINST PARTNERSHIP SECTION 31.004. EFFECT OF ADJUDICATION IN LOWER TRIAL COURT SECTION 31.005. EFFECT OF ADJUDICATION IN SMALL CLAIMS OR JUSTICE OF THE PEACE COURT SECTION 31.006. REVIVAL OF JUDGMENT SECTION 31.007. PARTIES RESPONSIBLE FOR ACCOUNTING OF OWN COSTS SECTION 31.008. PAYMENT OF UNCLAIMED JUDGMENT SECTION 31.010. TURNOVER BY FINANCIAL INSTITUTION

YES its bad you dont get the lowest interest rates IF lenders will loan to you 7-10 years

BK only stops the repo process until the BK is discharged. BK does not mean you can keep the car without paying for it.

My opinion? Give the car back.

Most of the time you do, YES.

YES, you pay all the loan amount, sooner or later.

get an attorney to contact them with nasty letters

I contacted an attorney and was told that there is nothing we can do. The company is reporting this settlement as a charge off, which is apparently the worst thing to have on your credit report. This is really ruining our lifes. We were even denied car insurance because of it. Any ideas to how to go about dealing with this or what our rights are would be a great help.

YES, if they want to settle it. Make them a CASH offer.

Curt,these links should get you on your way. However, you will need some CLIENTS first. North Dakota

TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: North Dakota Motor Vehicle Department, 608 East Boulevard Avenue, Bismarck, North Dakota 58505. Tel.:(701)328-2725 RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit. PLATES: Remain with the vehicle.

http://discovernd.com/government/statelaws.html

http://www.state.nd.us/lr/cencode/t41.html UCC

http://discovernd.com/

http://discovernd.com/government/publicrecords.html

http://www.state.nd.us/pisb/faq.html PI questions

http://discovernd.com/business/newbusiness.html

Motor Vehicle Transporter North Dakota Department of Transportation 608 E Blvd - DOT Bldg Bismarck, ND 58505-0700 Motor Vehicle Division (701) 328-2725 None $65 January 1 Century Code 39-04-44.1

Frog Dealer North Dakota Game and Fish Department 100 N Bismarck Expwy Bismarck, ND 58501-5095 Licensing Division (701) 328-6335 None $50 to $200 Annually Century Code 20.1-03-12

Resident husband and wife FROG license $5.00

The consumer has the "right" to pay the debt he contracted.

Best way to do that is to negotiate the removal as part of the payoff with the lender. Otherwise, not likely because it is part of your credit history.

Scott, CALL the lender ASAP. lender is ultimately responsible(legally) for returning personal property. Repo cos. are just their agents. Lender can tell repoman to give up the PP or lose business. Did that, called the lender and they called the repo guy. The lender told me it was up to me to keep calling the repo guy and set up an appointment. Repo guy said he would call me back, still has not done that. The lender is saying it is up to me to chase him down, he will not return a call. Said it was my property and if I really wanted it I would keep calling him until he set up an appointment for me. Scott, sorri I didnt check for a response from you. Most folks dont respond. This lender is not acting "normal". Have an attorney call them. That should stir the pot a bit. Email me if that doesnt get results. Do you know the name of the "alleged" repo company? Scott, Stop wasting your time with calls.Stop dealing with the repo moron most of these guys are scumbags and thieves(i think it is a prerequisite to be in the business). Send a letter to the lender and demand that THEY return your property!They are the ones who have stolen it.The repo chimp is an agent for the lender so in legal terms the lender has stolen your property.In your letter list the items and their value and inform the lender you are not paying any fees or signing any waviers to get your property back.Also inform them that they will be responsible for any costs you incur to recover your stolen property(legal fees,court fees,your time etc.)Do not wait for a response from the lender; go and sue the lender in small claims court.If the amount exceeds your state's small claim limit file anyway and then look for an attorney with some guts.Good Luck!!

In Florida you cannot enter a garage even if the door is open if the garage is attached. If it is a carport, you are open game.

That is B&E if you ask me.

It's not B & E if the door is already open, because there was no "B" to the "E". Maybe a criminal justice course could help you with this.

However, different states have different laws pertaining to this. Before you issue a blanket statement of yes or no, you should refer to which state you're asking about.

And I don't think you are accurate on Floridas law.

In Fl you cannot have a breach of the peace during a repossesion. the repo man cannot enter a dwelling to get the car. That means even if garage door is open.

However, possession is 9/10ths of the law. Your car is still gone no matter what kind of legal action is taken against the repo company.

Your car may be gone, but you still have your rights. Sue the driver and the tow company and file complaints with the BBB, Consumer Protection, and the FTC. The tow driver broke the law.

You dont HAVE to pay anything. You may not get credit in the future because you dont pay. It will be on your CR usually for 7 years. Depending on where you live, if the lender gets a judgement, they could garnishee your wages.

ONLY if your name is on the TITLE as co-owner or leinholder can you "repo" the car.

IF you have paid ALL charges due and the LENDER has released the car to you, then you should have it. If not, contact a local attorney ASAP.

this just happened to me. my truck was repossessed for being 3 weeks late(463.00) i paid it off the following day and didnt get the vehicle back for 5 days later this doesnt seem right to me. but i cant seem to find any answers.

Contact a local attorney for specific rights in your state.

Call a lawn and garden specialist.

....and pay your car payments next time.

I think an attorney will require more information before a more complete answer can be given.

Generally speaking, the not-so-common "common sense" can be applied to any scenario when determining your legal rights.

Just an FYI, significant percentage of front line repossession agents (the person that actually drives the tow truck) have credit problems. And since they know how banks recover loan collateral, they are a bigger risk. Dont let Repo-Agents abuse you.

The answer to your question in short is "yes" you are entitled to the recovery from the Repo-Agent of the costs associated with repairing the damage done to your property by the Repo-Agent.

Before you get excited...Ask yourself this question. Is it worth it?

You are only entitled to actual damages. The term "actual" meaning - "defined". And your defined costs must be reasonable to the market.

So, if you spent $1,500 on product (sod, flowers, etc.), labor, tools, and misc. You are entitled to $1,500.00.

PLUS

You must also prove the Repo-Agent you are accusing is the organization responsible for the damages.

In cases like this you generally have a small number of credible witnesses that will be available on date of your hearing. These usually become what I like to call "A Liars' Contest", "may the better Liar win".

Punitive damages are difficult to get too!

I'm suggesting you let this one go because it won't be worth your time, effort, mental anguish, and additional up front expense to pursue. You'll get your "day in court" but will you actually gain anything?

Remember, "You can win the battle, but lose the war". (I don't know who to credit for the quote - sorry)

IF her name is on the TITLE, she can take it. IF the husband is on the loan, he can make whatever arrangements he and the LENDER agree to.

Mel, that varies by state. (2) The notice shall be in writing and conspicuously state: the name, address and telephone number of the creditor to whom payment is to be made, a brief identification of the credit transaction, the consumer's right to cure the default, and the amount of payment and date by which payment must be made to cure the default. A notice in substantially the following form complies with this subsection: "(name, address and telephone number of creditor) _____________________________________________________________________________ (account number, if any) _____________________________________________________________________________ (brief identification of credit transaction) _____________________________________________________________________________ __________________________________________(date is the LAST DAY FOR PAYMENT, ____________________________________________(amount) is the AMOUNT NOW DUE. You are late in making your payment(s). If you pay the AMOUNT NOW DUE (above) by the LAST DAY FOR PAYMENT (above), you may continue with the contract as though you were not late. If you do not pay by that date, we may exercise our rights under the law. These rights include the right to repossess any property held as collateral for this transaction and the right, in many instances, to hold you personally responsible for any difference between the amount the property brings in a sale and the balance due us on the credit transaction in question. If you are late again in making your payments, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone the creditor promptly." This one is from SC code.

seize your car for defaulting on the downpayment.... default is default.

What does "default mean default" mean??? Can someone answer the question a little clearer than default means default. If I defaulted on the the down payment then the dealership should cancel the contract, not hold my car.

Okay, I did not have the down payment of 9k when they presented the checks. You are lucky you're not in JAIL, I think... If I default on the car note, I will have a repo on my credit and I do not want to do this. I just would like to have my car back while I am paying on it. I dont see it happening. Unfair? Im afraid I would do the same. I would give you your PP back as that is NOT covered by the contract. keeping it is also against the law. It is called CONVERSION. Also,I came in to buy a used car on their lot but they said I could not get financed for the used car because of my credit. A new one they could finance me for easier. You had a chance to leave without buying a car. The fact that you wrote 9K in hot checks doesnt say much for your honesty OR your willpower. Have you consulted a LOCAL attorney about this matter??

I just want to know where my personal stuff is. Tell the dealership that you want to get your PP. Give them your keys to the car. If that doesnt work, call an attorney, tell them ONLY that you have been repoed and cant get your PP back. Stay away from all the other issues. I am not sure what my rights are.

What state are you in? I suggested you contact an attorney because I am NOT an attorney and an attorney in your state will/should know the laws in that state. I just would like to have some idea of where my car is and who if so, is driving it. You dont need to know where it is or if anyone is driving it. All you can legally demand is your PP. Some state laws say the lender must notify you when/where they will sell the car but none say you have to know where it is stored. They would not be smart to let anyone drive the car until this is all settled. Toooo much liability. I think that is fair????? When thinking about "fair", always turn the problem around and put yourself in the opposite position. It usually looks much different from there.

• • wife gets the car in the divorce** she may have gotten the car but YOU got the responsibility of paying whats owed. "Getting the car in a divorce" is a clever ploy by attorneys to placate all parties, BUT, that doesnt change the LEGAL part of a contract. YOU sign, YOU pay.