Can your car be repossessed if you're current on your payments?
Well, first off, check with the Michigan Attorney General's Office for the specifics. Secondly, most states recognize the UCC (Uniform Commercial Code) which states that you cannot breach the peace during a repossession. This could include a number of different things. Basically, the agent cannot assault you, break into your home or yard or scream at you in your yard.
Do the repo companies have to obey by the fdcpa fair debt collections practice act?
To put it simply, Yes.
A number of things can happen based on number of different factors. You won't have the monthly car payments anymore, so you might need to modify your plan to reflect increase your plan payments because of the lower expenses. Or it might be better to convert to a Chapter 7 or dismiss the Chapter 13. Converting to a 7 would eliminated the possibility of the car lender getting a deficiency judgment after selling the car. Most people file Chapter 13 either because the want to keep property that they couldn't keep in a Chapter 7 or because they have debt that can't be discharged, so it is time to review your situatiowith a quaified bankruptcy attorney and see if you should still be in a Chapter 13.
How do you claim an abandoned car?
Your seach should start at a Motor Vehicle office. You can also take the vehicle's vin # and do an on line search, it should reveal the last owner. You might find the holder of the title. Good luck!!! Zeke at All In One Autoworks Inc.
You are in huge trouble, the injured party can file a civil lawsuit against you.
They will try and get the balance from you either through the courts or thru negotiations with you.
It is where a lender (usually a bank or credit union) recovers collateral that is held in a security agreement and hasn't been paid for.
In the usual sense, something purchased using a loan is taken back from the buyer because he has not kept up payments for it. Typically this includes cars and other vehicles.
Repossession is the practice of reclaiming property on which a sale contract has not been completed. Until the entire sale price has been paid (along with any interest), the original owner has a lien against the property and the legal right to reclaim it. However, some methods of repossession (such as violating private property) may be unlawful. Reclaiming possession of mortgaged property for an outstanding unpaid loan is called foreclosure.
How long can a debt collector collect a debt from a judgment?
A writ of judgment is a court order giving the winning plaintiff the right to collect money owed according to state laws. Judgments can be used to obtain wage garnishment, bank account levy, liqudation of nonexempt property that belongs to the debtor or liens against real property. Most judgment liens can be (are) renewed until they are paid, which means they can stay on a credit report an indefinite period of time. Without knowing what type of judgment or state in which it was awarded it is not possible to say if there is a time frame in which it needs be executed.
Can a private citizen hire a company to repossess a car?
Sure just have the proper paperwork for the vehicle you want repoed and the money to pay them and they are at your service. The last answer was correct but I will elaborate a little so that you know what you have to have. The title must have a lien on it in the private citizen's name. There must be a written agreement that states that the car can be repossessed if payment is not made. If you have that, then send the information via email to SwrYuma@hotmail.com and put Citizen Repo in subject line.
What is the credit obligation on voluntary repossession before any payments are actually made?
To my knowledge there is no difference in the over all obligation,however it shows good faith and can save you money as the fees for voluntary and involuntary differ with the voluntary being cheaper also they are much more willing to listen to what you have to say and more willing to work with you as they know that your a trustworthy individual.They know bad things happen to good people but they also have people above them to answer to and with your communication it just takes the pressure of and makes the matter a lot easier on everyone.Whats this payment concerning I think your talking about an arrangement you may have made to the creditor to pay off the balance of what you may owe after the collateral is liquidated if this is the case then just as your original contract you know your obligation and it most likely was agreed upon between you and them and you should follow through with it if this is the case kind of a confusing question like most I see on here very limited details.
Now this is kind of a tricky question because if your talking about buy here pay here most don't report to the credit co. trans union,equifax etc.so chances are good it wont hurt your credit but at the same rate it wouldn't help your credit either.But beware if you screwed one bad he has every right to sue the rest of what pants you have off so be fair with whoever your dealing with and always remember to treat others as you would want to be treated.
If your ex cosigned the car lease how do you remove her from the lease without losing the vehicle?
A cosigner can only be removed from the financial obligation through the refinancing of the vehicle. If the ex-spouses name is not on the title she or he does not have any legal claim to the vehicle unless the couple lived in a CP state and were married at the time of purchase. Furthermore, terms contained in a divorce decree are not legally binding when it comes to such issues.
Can wages be garnished for a repossession in Texas?
Texas law only allows wage garnishment when the judgment creditor does not have other means for collecting the debt owed. If the debtor has a bank account or non exempt property that can be levied, seized or a lien placed by a judgment, wage garnishment is not allowed.
yes, if you are still in possesion of the vehicle and you have not paid, they will re-po the vehicle.
AnswerSo can you still make the payments to the bank? In order to get out of repossion status?
Answer
Yes, a collection agency or other second/third party owns the note and they can pursue reposesion efforts. To answer the question aboove; It depends on the bank if they will allow payment arrangements. I would get a notice in writing from the bank stating the arrangements they have agreed upon, most often a representative of the bank will say anything to get in a payment and still have the repo contract open.
What should you do with the car that belonged to the deceased?
The car is an asset in the estate. As such it needs to be appraised and the executor needs to determine what to do with the item to meet the needs of the estate. If the vehicle is the only real asset the individual owned, there are same states that have a 'express probate' form that can get the title transferred without a waiting period. If there is money still owed, the executor should contact the lien holder to work out the disposition.
The final results will depend on the will, the state probate laws and the number of assets in the estate. The executor should take care of it with the assistance of a probate attorney.
You can motion the court for redress. It would be advisable for you to take all proof of payment to court with you and be prepared to show it. As the listed borrower on the note, he has as much right to the vehicle as you. However, if the vehicle is registered only to you, and you did not consent to the vehicle being taken, you could also report the vehicle stolen, and by whom.
Sit back and wait for NOI letter (Notice of Intent). * The majority of states do not require notice before a vehicle is repossessed. Contact the lender and explain the situation. And hope for a positive outcome.
Can a car repossessor go through a locked fence to get a vehicle at a relative's house?
If the repossesor can verify that the car is on the relative's (or anyone besides the loanee's) property, they can then obtain a warrant, much like a police officer, since they are, in reality, investigators. They can then repossess the car in any way they see fit "as long as it's legal under repossession law." In this case, by obtaining a warrant, the repossessor CAN go through a locked fence, even destroy the fence/lock in order to get the vehicle. There is no place your vehicle is safe. They can obtain warrants to search almost anywhere you may have gone, including other states in which they contact the nearest fellow repossessor and split the repossesion fees.
... otherwise, it would be a case of "breach of peace" -- or theft, breaking and entering, trespassing, etc. I can assure you, if someone BROKE into my locked, gated, fence to get someone else's car that was parked therein, I would have my lawyer AND 911 on the phone faster than you could hot-wire the damn thing. And I can assure you that I would have your behind cooling your heels in the local pokey for B&E and trespassing by evening.
Too, I know of VERY few, if any, states where private investigators or asset recovery specialists have the same "privileges" and power as police officials. Please name the state that gives NON-official investigators the same abilities and power as OFFICiAL LE.
When you sign a loan it is yours and yours alone until you pay it off.The bank doesn't care what a divorce decree says etc. they want their money period.
Can a loan company repo a truck with a boat attached to it in South Carolina?
Only if the truck, boat and trailer were all behind on payments and the lien holder for all of them assigned them all out for repo. If they weren't it's called conversion.
It appears that you obtained a secured loan on your vehicle (you used your vehicle as collateral for the loan). Whether or not you were disabled at the time of the loan, you are obligated to the lender to fulfill the terms of your contract. Loan companies, banks, credit unions andpawn shops...they are all in business to make a profit. They do not care about your personal circumstances (i.e. that the vehicle is your only form of transportation). There are someorganizations known as "predatory lenders", that is, theywill underwrite a loan knowing that the borrower will probably NOT fulfill the terms of the contract. When the borrower defaults, they initiate foreclosure (in the case of real property) or repossession (if the property is a vehicle). Either way, they win. If you are having a problem making the payments, stay in communication with the lender. The mistake many people make is to hope that the situation will just "go away", so they say nothing to the lender. Bad decision. Talk to the lender. Explain your circumstances. See if you can get them to work with you for a short period until you get your finances back into alignment. If they won't work with you, try to get assistance from family or friends. If all else fails you may want to have someone take over the payments on the loan (sign the vehicle over to them) so you can get away from it. You do not want a repo on your credit report. Make sure you talk to someone who knows the legal "ins and outs" in your state before you make a decision that could make things worse for you.
In Virginia can you be charged a fee for PP storage left in or on a vehicle that has been repoed?
If they actually inventoried and bagged your PP yes they can charge a resonable fee.Some dishonest repo people steal your PP or try to charge for getting it yourself.Contact your lender to see if they allow repo guys to charge a fee or if the fee is very high.They are not entitled to hold your PP if they hassle you contact the police.