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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 do you do if a leasee hides their car after defaulting on the payments?

what does WHO do after the lessee "hides" the car?? Me?? IF I'm looking for the "hidden" car, I ask the lessee where they hid it. If they say it was "stolen" I ride them to the local PD and help them file a STOLEN report. If you need more help, email me.

Can a collection agency refuse monthly payments on a repossessed car?

YES, they can refuse. Its their money and they can demand it any way way they want to. However, they only get it like YOU give it to them. LOL Fin comp never gave oppor to pay back. ???? What do they have to do to be giving you 'opportunity"??

What do you do if you owe money on your car and want to have it repossessed but the loan company will not?

Maybe it doesnt meet the loan cos. repo specs?? (not running,wrecked,ect) Do you know where their office is? Is it lcal? If so, take it to them and leave it in their parking lot. If they dont have a local office, call atowing co. to come get it,they can handle getting it repoed. OR leave it at the city PD parking lot.

Is filing bankruptcy the best route to take if the finance company is threatening to sue you and garnish your wages if you are not able to pay the settlement amount in one lump sum?

B/K is very seldom the BEST way. How much CAN you pay on a REGULAR basis and still live?? $50.00 a month? %40.00?? That may be cheaper(per month) than garnishment. You can hold your head up and say "I pay my bills". Whatever.. That is the BEST way, pay your contracted debts and get on the way to a debt free life. Live within your means. Save for the bad times. All that stuff you DIDNT want to hear. If you still want to do the B/K way, call a B/K attorney for a free consultation. They make a living doing it. Good Luck.

Is it true that your car cannot be repossessed until you are 90 days overdue?

NOT TRUE, the leinholder can repo when you are ONE day in default. Naturally, they want the money and will give you every possible chance to catch up, but DONT wait till the ninteth day. You could be the lucky one that only gets 46 days. Sometimes yes...sometimes no...it depends on what your contract states. Some contracts allow for repossession after 90 days...others after only one day. Generally in practice its about 45-60 days after the payment was not made. Its rarely if ever under 30 days unless you have one of those "bad credit/no credit" outfits. Legally though most contracts allow for reposssession with only a 36 hours after the payment comes due. The one problem with this in practice is an account does not get reported as a past due until you hit 30 days past due. Usually most finance institutions do not begin repossession proceedings until 2 payments become due. Then they come full force. Usually they repossess a vehicle at a place of work during the day or one's home late night or overnight. These are two places where there is less likely to be a confrontation or the owner (soon to be former owner)would be able to chase such person off their property.

If a car was repossessed and the loan was immediately paid off how do you get the repossession off of your credit report?

Getting it off SHOULD have been part of the deal when you paid it off. that's when you had the most leverage with the lender who put it on there. Now.... contact an attorney buy your chances are slim. The repo was a fact, not an error that can be corrected. Good Luck

Can you do anything to lower a high car lease payment when you've been lost employment and the lessor says no changes allowed?

Nothing short of Bankruptcy or credit counseling. Hey, if the lenders would do it just because you asked, EVERYONE would ask for it. Good Luck

If you filed Chapter 7 bankruptcy last year how it will look on your credit if you surrender your leased car?

NO worse than the B/K and you get to pay any balance owed. What great service from your friendly B/K attorney did you get for the money you payed? good Luck

If you do not pay the down payment to the dealership within the agreed upon 30 days can they repossess your car?

Mike, READ the contract you signed agreeing to do certain things in exchange for a car. What does it say about if you are in DEFAULT? If you dont perform any one of the conditions of your loan, they you are in default and can be repoed.

Is a repossession agent allowed to take your car out of the garage?

As a rule, NO. There are a couple of ways it can be done, usually on older homes and not very often. Depends on the design of the house. Especially, NOT if the door is LOCKED.

Not always "No", rooster.

It can be done in some cases, and the law on this varies from state to state.

Is a voluntary repossession worse than a normal repo on your credit report?

Sorry to say, its about 1% better than a 'normal" repo. try to sell the car. You'll get much more than the lender will at auction. Of course, you'll have to come up with the difference to complete the sale. talk with your lender about that idea. Good Luck

If you made all the back payments on a repossessed car and paid the fees that were due would the repossession still show up on your credit report?

YES

I have a letter if you would like it that you can send to the parties involved that may or may not be able to help you get this off your credit report.

let me know if you would like it.

Can a payment on a delinquent or repo car be refused by the creditor and if so will it be a waste of money to get payments caught up?

Brandon, yes, the lender can refuse payment. That usually means you have waited toooo long to get any help from the lender. As for the catching up the notes,that question should be answered by the LENDER. You neeed to talk to the lender NOW. Good Luck

If you reinstate the loan within five business days will your credit not be affected by the repossession?

Mea, dont be snowballed by yo lender. A repo is a repo. IF you or your Dad were worried about his credit, chances are that it would not have gotten to repo stage. Anyway, the lender calls the shots on reporting repos to credit bureaus, so, play their game. Go get yo car and see if it shows up. Good Luck

Where can you find information on the Internet about debtor wage garnishment in Minnesota?

Try steveshorr.com then click thru to debt collection Check out this site too small-claims.courts

How can you find out if a person is currently having their wages garnished?

Absolutely, go to your local court house and ask for the public records on this person. Some have public record computers they'll allow you to use. If someone is having his/her wages garnished due to a judgment it will show.

The clerk will not supply a person's records. Anyone wishing to learn of a judgment, bankruptcy, restraining order or other legal action against a private citizen must do their own research of public records.

Some information pertaining to issues which are criminal in nature (such as rape, sexual assault,crimes against minors) or civil matters pertaining to minors such as adoption proceedings are not made available for public scrutiny.

Can a court garnish both spouses' wages up to 25 percent for a judgment?

yes.but i am sure there will be some calculations on the judges part before coming up with a set amount. depends on the income combined, if you have kids, child support etc.

No.

A creditor judgment can only be enforced once against one party.

The exception would be different creditor judgments against spouses who have joint debts. For instance, the husband's income could be garnished for a debt and the wife's income could be garnished for a joint marital debt by a different creditor.

I'm afraid the first two answers are wrong. Judges have little discretion. The amount of a garnishment is determined by the law, not by the judge. The only thing I have seen them change is the percentage of interest. Courts do not care about how many kids a person has. I don't believe child support is exempt, although it would only come into play if the creditor attached your bank account. As for the second answer - It depends on who got sued. If the creditor got a judgment against both of you, then you both can have your personal wages garnished. If you and your brother and your best friend get a judgment against all three of you, then all three of you can be garnished at the same time. Everyone gets garnished until the debt is paid.

There is also an "Other Than Personal Wages Garnishment" which is usually the creditor attaching your bank accounts. If you have a joint account then any money in there is potentially available to be attached. It is a gray area and it would be necessary for you to go to court to have the funds returned. But if you comingle your funds, then that money is fair game.

My experience is limited to Ohio garnishment law.

Hope this helps.

Barbe

When did the UK make the final payment to the USA for 'lend lease'?

Check out the related link for prior question and answer on this subject.

If you made a title loan and now need to repo the car in Utah what is the best way to legally go about it and how can you get a court order without a lawyer?

This was a great question to ask BEFORE you did the loan. try the following link to get started. Look at Titles 12, 15, 38, 41, 58, *70A*, and 76 for kicks. http://www.le.state.ut.us/%7Ecode/code.htm