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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

Does the creditor have to notifiy you if they are going to repo?

10 states have "right to cure" laws whereby the lender has to notify you that unless you get current, they will repo. As far as "we will be there tonite to get the car" NO. That's the fun part of the game. The lender doesnt know when you are going to pay and you don't know when the will take it away.

Can you tell if a car has been converted to use R-134a freon?

There are two ways. The old R-12 A/C's have a "screw thread" style service fitting for adding refrigerant. These resemble a tire valve. R-134A systems use a "quick connect" type fitting with no external threads. These fittings are on stock R-134A and R-12 systems that have been retrofitted to R-134A. The purpose is to prevent someone from charging R-12 into an R-134A system and vice-versa. Also, retrofitted A/C's should have a label saying "Retrofitted to R-134A," or something to that effect. The label should also say the freon charge weight and type of oil in the system, usually a polyol ester oil (POE or ester) in retrofitted systems and a polyalkylene glycol (PAG) in stock R-134A systems. Look for both the "quick-connect" style fittings and retrofit labels on the vehicle in question.

If you live in Florida does a creditor have to notify you if your car is in repo status?

NOPE. No state requires lenders to tewll you that you are in "repo status". The lender desire for you to make the payments will sometimes give you a clue.

How can you find out who owns a car from the registration number?

You can attempt to get the information from the Motor Vehicle Department. HOWEVER - unless you have a valid reason for requiring the information they will probably NOT release it to you due to privacy concerns.

If you have a valid reason contact your local law enforcement agency or insurance company and they can find out for you.

Just wanting to know the address of the hot chick you saw driving the car is NOT a valid reason!

What can be done about a bank repossessing a vehicle with only one late payment?

Call the bank, make up the missed payment and any fees associated with the repossession. You defaulted on the loan when you missed that one payment. That is your fault not the banks. Talk to them immediately!!!! When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment. Remember this repossession will stay on your credit for 7 years.

Do you still have to pay off the loan once your car is repossessed?

In almost all cases, YES. At the very least you will pay the difference in what the car sells for and the balance on the note.

How do you stop lawsuits or judgments against you by creditors?

The only option for stopping a lawsuit and/or obtaining relief of judgments is filing bankruptcy.

Otherwise, once a creditor has filed a lawsuit against you and you receive notice of the hearing, or recovered a judgment against you, you cannot stop the process.

Which states do not garnish wages?

North and South Carolina, Pennsylvania and Texas. The exceptions to wage garnishment in these states are..taxes, child support, Federal student loans, court ordered fines or restitution for debt incurred by a criminal act.

According to the North Carolina Department of Labor's website, North Carolina Courts cannot order garnishments for debts other than taxes, child support, and student loans. However, if a court outside of North Carolina orders a garnishment for wages based on a judgment for credit card debt, North Carolina employers must honor the garnishment.

Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.

How does a repo that is satisfied in full affect your credit score of 880 if you have no mortgage and everything else is current and never been late your cosignee got the car repoed?

probably not much. did you negotiate with the lender about NOT putting the repo on your CR before you PAID IN FULL???? it is entirely up to the lender what is put on your CR. One thing you might try is to dispute it with the credit reporting agency if you can't get anywhere with the lender.You may be able to get your side of it on your credit report.

How long can you wait to make a car payment?

Until the end of the grace period as spelled out in the contract you signed. After that, they can reposes the car. Talk to your lender if you are having problems.

Can they leave the repossession on your credit report if you still have the car you have paid and totally caught up?

Yes it stays that is what happened, by bringing your payments current you don't change the past. It stays. That's what a credit report is about, "your payment history" Yes but the poster has a point the car was not repoed in the traditional sense ....it is more what i like to call repo-lite.Back before anyone with a pulse could get a car loan repos were far less common hence a seven hit on your credit.There really should be a another way to report it rather than an outright repo because it really isn't.

How long after a payment being missed can a lender reposse your car?

1 day after the grace period as spelled out in the contract. Talk to the lender if you are having problems making the payments. Its generally about 35 days but call them or answer your calls from them.

What if you stop making payments and leave the state?

If you stop making payments, the loan is in default. Loans in default get repoed. Loans in default that are out of state get repoed. Cars dont fall off the face of the earth. You will not get arrested by the police or stopped by the police.THis is a civil matter not a criminal one.

If you cannot afford your vehicle and voluntarily surrender the vehicle what can they do to collect the difference?

According to a friend of mine who is in repossesion: (Short form of discussion) They will file a civil suite for the remainder of the amount for which they are not recompenced thru sale at auction. They will then garnish your wages to collect granted sum.

If the bank never repossessed your car and you gave to your landlord for back rent then your wages were garnished after it's paid off can you get possession of your car back?

It was never yours to give to the landlord. IF the landlord settled with the LENDER to get title, then YOU are out of the picture completely. EXCEPT for the garnishment of course.

Can a loan holder report car stolen?

NO. If the lender is trying to repo the vehicle and they can't find it,they cannot report it as stolen. Only the owner can do this. "STOLEN" is defined as "unlawful taking". You did not "take" the vehicle unlawfully. If you refuse to surrender the vehicle the lender may get a judgment (Writ of Replevin) and have the Sheriff's office come knocking on your door and only then will you have to surrender the vehicle or tell them where it can be located. Why stress over a vehicle? The value keeps going down and there are plenty of cars out there to buy. If for some reason, such as illness, loss of job, etc., where you cannot make the payments and no hope of making up the late payments, call the lender and have them pick up the vehicle. You'll get another vehicle one day. Just remember to remove your belongings and the plates. If you added anything on the vehicle you can remove that to. The lender doesn't know if you put in a new stereo system, and the car and everything in it is yours until it is returned.

What is the difference between voluntary repossession and regular repossession and the pros and cons with it?

Neither are good. Call the lender and work something out. a repo is a repo by any standard ,they will sell the unit and go after you for the deficiency no matter what.it will be on your credit as a repo. You will not have to pay the towing and fees associated with the repo. That is the only difference.

How long will a Repo man look for your car before he directs the lender to go get a court order?

That depends on a lot of variables. How much the car is worth, how good/bad/lazy/indifferent the repoman is,how many repomen the lender will use to look for the car, ect. There "could" be more than one agent looking for the car. Whatever the sitation, YOU wont end up with a "free" car. The court order will likely be called "hindering a secured creditor" and you will have much more incentive to "remember" where the car is.

If you are making payments on car and you owe more money that the car is worth how do you get out of it and is trading it an option?

The best way to "get out of it" is to DRIVE IT OUT. Trading is an option but you will still be owing more than the collateral is worth. Suck it up, pay off the loan and dont do that again.

What do you do if you want your car repossessed because you can't afford the payments but the finance company refuses to take it?

they dont have to take the car back,although they can sue you for the value or the balance of the loan If the lender is local, leave it in their parking lot, then call them and tell them where to find the car.

Does a credit company have to notify a co signer before they seize a car?

NO! that is wrong In the state of MAryland the must send a certified letter to the co-signer also. Check your state laws

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