Repossession

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.

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.

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"??

YES. Read your contract. Does it call for you to maintain ins???

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.

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.

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.

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

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

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

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.

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.

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