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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 are the laws in the state of Texas regarding car repossessions and wage garnishment for a repossession?

In Texas, a creditor can repossess a car if the loan agreement has been defaulted. However, they cannot breach the peace during the repossession process. Wage garnishment for repossession is not permitted in Texas unless the creditor sues the debtor, obtains a judgment, and then seeks a writ of garnishment.

When does not allowing car repossession become a crime in California?

Probably as soon as there is a "breach of the peace" (during the hookup).

If it is no longer your car (through default on the loan), you have no right to possess it or prevent its rightful owner from repossessing it.

What are the repossession laws in Alaska?

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.

What are the Massachusetts laws on repossession?

i know all the answers but that info is too valuable for me to give out because I'm a repoman and it would lose me money.sorry....(maybe for the right price)

In Massachusetts if you fall behind in your car payments, your car lender can not just take your car. However, after you are 30 days past due a lender can decide to repossess your car (this can also happen if you fail to keep your car insured). A lender must send you a notice called the "Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act" giving you 21 days to cure the default. If you do not cure the default and the lender takes your car, you must be given a second notice stating the creditor's intention to sell the car and giving you an additional 20 days to redeem it.

I know the law and I'll tell you for free here it is.

look up ma gen law 255 13j Subject to the provisions of this section a secured creditor under a consumer credit transaction may take possession of collateral. In taking possession the secured creditor under a consumer credit transaction may proceed without a prior hearing only if the default is material and consists of the debtor's failure to make one or more payments as required by the agreement or the occurrence of an event which substantially impairs the value of the collateral, and only if possession can be obtained without use of force, without a breach of peace and, unless the debtor consents to an entry, at the time of such entry, without entry upon property owned by,or rented to the debtor.

basically if a repo guy comes to your house call the police and state that you have a trespasser on your property and you want them removed. If the police try to get you to hand over the car . You by law can say no because they are not supposed to get involved in civil matters and this is a civil matter. Let's keep the repo guys honest I realize they have a job to do but there is a right way and a wrong way. by the way they are supposed to register with the police dept before coming to your house. if the police try not to do anything put the guy under citizens arrest for breach of peace and trespassing which could be criminal

What are the wage garnishment laws concerning repossession in Kansas?

In Kansas, creditors can garnish up to 25% of a debtor's disposable earnings or the amount by which the debtor's disposable earnings exceed 30 times the federal minimum wage, whichever is lower. However, specific laws regarding wage garnishment in cases of repossession may also depend on the terms of the loan agreement and any legal proceedings related to the repossession. It is recommended to consult with a legal professional for specific guidance on repossession and wage garnishment laws in Kansas.

What are the car repossession laws in Kentucky?

If you mean how late do you have to be to get repossessed:

Usually 3 months if you are financed through a bank or credit union and 1 week

if you are financed through a buy-here pay-here.

The banks prefer their money. They don't want to deal with reselling a car. The buy-her pay-here's get to keep your money that you already paid, then turn around and resell your car for almost what you paid. They can do this as many time as they want, as long as people get behind. Anyone who has a car loan

will fall behind at least one time in their 3-to-5 year contract.

Can a repo agent harass your family?

You can double check by calling a solicitor they will help you with that info. * If it pertains to a vehicle repossession in the US, a repossessing agent cannot take any action that is considered a breach of peace as defined by the laws of the state in which the debtor resides. The only legal definition of harrassment is found in the Fair Debt Collection Practice Act. Questioning family members as to the whereabouts of the debtor is not considered harassment unless it also violates the FDCPA.

What is the law in Colorado for car repossession?

In Colorado, a lender cannot repossess a car until the borrower is in default, which typically means missing a payment. The lender must provide the borrower with a right to cure notice giving them a chance to catch up on payments before repossession. Repossession agents must also follow regulations including not breaching the peace during the repossession process.

Can a wage garnishment order from a court in Washington State be enforced in Pennsylvania?

A garnishment for creditor debt cannot be transferred from one state to another. However the creditor can file suit in the resident state and perhaps obtain a writ of garnishment. Court ordered wage garnishment for child support and/or spousal maintenance; federal or state taxes due; court ordered restitution for damage done during a criminal act or a court order in regards to restitution for physical injury can be enforced across state jurisdictions.

Can you sell cars from your home?

Typically, you cannot sell cars from your home unless you have the required licenses and permits to operate as a car dealer. Selling vehicles without the proper authorization is often illegal and can result in fines or other penalties. It's best to consult with your local government or regulatory authorities to understand the legal requirements for selling cars from your home.

Can a collection agency who says they are with a law office sue you if they purchased your debt three years ago from the original creditor in Arizona?

Yes, a collection agency that has purchased your debt can sue you for the outstanding balance, even if it has been three years since they acquired the debt. However, the statute of limitations for debt collection in Arizona is 6 years, so they have up to 6 years to take legal action against you. It is important to seek legal advice and understand your rights in this situation.

What are repo people allowed to do in California?

In California, repo people, also known as repossession agents, are allowed to repossess a vehicle as long as they do not breach the peace. This means they cannot use force or threats. They must also have a valid repossession order or authorization from the creditor to carry out the repossession.

Can you sue the repo man if he came into your yard and ripped up your lawn in Maryland?

Call a local attorney Monday morning. Have all your details written down in a logical order. Get pics of your ripped up lawn, statements from any witnesses available. S/he might be able to obtain a sum for you.

What is the difference between a repossession and a writ of replevin?

Repossession is what is commonly thought of as a "REPO". A self-help repo is permitted by most states. "Writ of Replevin" is the other legal option that a few states require to do the same thing. The state makes money by requiring the Replevin. BOTH have the same effect on your credit. A repo is where a lender contacts someone to pick up the vehicle. You, at that time, do NOT have to surrender the vehicle. A "Writ of Replevin" is where the lender gets a court order signed by a judge for you to surrender the vehicle. It will be served by a Sheriff's officer, with the repo man in tow, and you will then have to let them take the car. Otherwise, you are in contempt and it is not worth it to defy a court order. That is the only time you have to surrender the vehicle.

What do repossession companies do with the license plates on repossessed cars?

Depends on the state. Some states require that the plate be left with the debtor. Others say the plate stays with the vehicle. Some states seize the plates if the insurance was lapsed on the vehicle. Best to call the state atty gen. where you are and ask.

How can you find your SSN?

It is important to keep your Social Security Number (SSN) secure and not share it freely. If you have lost or misplaced your SSN, you can contact the Social Security Administration for assistance in retrieving or replacing it. Be cautious about sharing personal information online and store important documents in a secure location.

Is postal retirement checks exempt from garnishment?

Postal retirement checks are generally protected from garnishment to a certain extent under federal law. However, there are exceptions, such as for debts owed to the federal government or for delinquent child support. It's best to consult with a legal professional for advice specific to your situation.

How write age?

To write a person's age, use this format:

Jessica is twenty-two years old.

To write an age in history, use this:

He lived in the sixteenth century.

What if anything can be done to prevent Alheimers?

At this point in time, the evidence regarding Alzheimer's disease, or more accurately, dementia in elderly people, seems to be that to some extent, it is a cardiovascular disease. Likelihood of becoming demented is decreased by the same measures that lead to decreased likelihood of heart attack or stroke. So -- EXERCISE (the cure for everything!), healthy cardio-friendly diet, and exercising your brain as well by staying active and challenging your brain by learning new things. There is some evidence that statins (cholesterol-lowering drugs) may lessen the likelihood of developing dementia.

The cause of Alzheimer's disease specifically is not yet known and appears to be heavily influenced by genetics.

What is a political payoff?

A political payoff refers to the act of exchanging money or favors in return for political influence or benefits. It can involve bribery, kickbacks, or other unethical practices aimed at gaining an advantage in political decisions or actions.

What does the word possessive mean?

controlling and tries to control everything a person does!

they also don't like that person knowing anyone else

When a person is so afraid to lose a person as a friend or boyfriend or girlfriend they become possessive and paranoid about little things

Is it known to happen to just offer a bribe to the a repo man at your door for say 100-200 to tell the bank he cant find you?

"Yep, let's make a bad situation even worse by trying to bribe the repo man. What a dumb idea that is. You think the loan company is just going to let you keep driving their car. That's right, their car. You do not own this vehicle until you make the last payment. They will find this car sooner or later, and all you are doing is running up the interest fees, and repo fees, they you will eventually have to pay. Can't make the payments then turn the car in and save yourself some fees."

yada yada yada........

Sorry, I deleted the rest of your 'be a good little consumer' diatribe because it wasn't relevant to the question at hand. All the information you provided past the first few paragraphs was simply credit info boilerplate that is repeated in many places in the repo wiki.

I had been wondering if just such an answer would be provided....and sure enough it was, quicker than I thought possible.

Problem is, I speak from experience. I'de be interested to know what your life experience and background is to relevantly speak to the topic at hand.

Surprise surprise- bribing really worked in my case, about 3 YEARS AGO. I still have the car. Still owe the same amount on it. Of course, I owed less than $2500 and the car has a lot of miles on it, and the lender knows that. He may have me on a list somewhere, but I don't think it's his top priority. Can't be, based on the time that has gone by. Also, repo efforts are up this year (2008) big time, and there are far easier fish in the sea apparently to catch, then me. However, even though repo efforts are greatly increased, the repo unrecovered rate only improved .1% from roughly 2.5% to 2.4%, even though almost double the effort has been expended by the industry as compared to 2007.

Unfortunately, (or fortunately, depending on your perspective) basic human greed can solve such a problem, for far less than I would have paid the lender. I wonder do you work for a lender or a repo firm? And if so, maybe it was one of YOUR employees that took the bait back then......and that is the cause of your extreme negative response?

I will agree this is not something that should be attempted unless you have the means, can read a stranger's personality type reasonably well, and have some understanding of basic human nature as well as it's attendant failings. Granted, a lot of people will futz this up if attempted. But it can be done.

I welcome your response, if you have one.

What does possessions mean?

Possessions refer to the things that a person owns or has in their ownership, such as belongings, property, or assets.

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