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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

Who made the laws for each colony?

The majority of the rules and laws came from the country that owned the colony. As a result, the American legal system begain with the laws of Great Britain, with heavy Spanish influence in the Southwest and French influence in Louisiana. The leaders of the colonies, usually a committee, established additional rules for keeping their community running. In some cases, these rules were considered unfair or unreasonable, particularly those associated with religious issues, and people left these colonies to establish their own. Roger Williams founded Rhode Island due to this. simple answer British

What is the significance of Writs of Assistance?

The Writs of Assistance allowed British officials to issue blank warrants in America. That meant that those officials could search a house without having to explain to cause. As one of the intolerable acts, the Writs angered the Massachusetts colonist and sent them closer to rebellion. It also inspired one of the guaranteed rights in the Bill of Rights; the one dealing with warrants.

What are the repossession laws in Rhode Island?

http://www.rilin.state.ri.us/Statutes/TITLE6A/6A-9/6A-9-609.HTM that should get you started. Read the contract you must've co-signed for more info. I suggest you contact the LENDER soon. This link is to the complete list of statutes. http://www.rilin.state.ri.us/Statutes/Statutes.html arent sons wonderful??? good luck

Is it a felony or crime of any kind in the state of Michigan to hide a car that is up for repossession?

No it is not a crime in the sense the police will come after you.This is a civil matter between you and the lender not criminal.It is however dishonest and wrong you signed a contract and you are obligated to abide by it. If you cannot fulfill your obligations then return the vehicle and move on.

Can an Indian owned vehicle be repossessed legally from sovereign Indian land - a reservation - in California?

State Laws do NOT apply on Reservations, although, there may be legal recoprocity between the Tribe and the State government regarding some matters. Normally, no State legal action can be performed on Reservation without the consent of the Tribal Government much like one State cannot have jusrisdiction over another State... see extradition.

Becoming a repossession company in Louisiana?

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 Effective January 1, 2005, Louisiana's Act 191 ( "Additional Default Remedies Act" ) and Act 814 ( "Notice of Repossession" ) permit a "secured party" or "a lessor" to take possession of collateral without judicial process provided: 1. ) the Security Agreement, or lease, contains the following specific wording: "Louisiana law permits repossession of motor vehicles without judicial process", 2. ) prior to taking possession, a notice of intent is sent to all debtors, in writing, containing the specific wording: "Louisiana law permits repossession of motor vehicles without further notice or judicial process", 3. ) a "payment" default exceeding 30 days ( monthly installment contracts ) or 60 days ( weekly or bi-weekly contracts ) exists, 4. ) no "breach of the peace" occurs in the act of retaking, 5. ) the individual who physically repossesses collateral must be licensed by the State of Louisiana-Office of Financial Institutions, 6. ) in the event a tow truck is used, the owner, or operator, shall possess a common carrier certificate issued by the Louisiana Public Service Commission, and 7. ) within three days of taking possession, the secured party files a "Notice of Repossession" with the recorder of mortgages in the Parish where the collateral was located and with the appropriate official Constable of the Justice of The Peace Court, Constable or Marshal of the City Court or the Parish Sheriff as determined by the debtor's last known address. Fees of $75.00 to the "Recorder of Mortgages" and $250.00 to the appropriate "official" must be paid at the time of filing. Both a "Notice of Sale" and a "Notice of Disposal" are follow-up requirements and prerequisites to perfecting a deficiency ( R. S. 10 : 9-613, et seq. ). Act 670 allows a motor vehicle dealer to use self-help if a prospective purchaser fails to return a credit rejected vehicle 25 days after delivery and after 48 hrs. notice.

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 is current day Mesopotamia?

Mesopotamia, or "the land between the rivers," refers to the territory around the Tigris and Euphrates rivers, which is mostly Iraq today, as well as some parts of northeastern Syria, southeastern Turkey, and southwestern Iran

This is all in the Middle East.

What is the law in Alabama regarding personal property in your repossessed vehicle?

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 is the law on pickpocketing in Louisiana?

Larceny is an intentional and unlawful taking of a person's property. If you are charged with petty larceny, up to 500 dollars in theft, your sentence may be less depending on if there are any other charges that are attached to your case. However, if you commit grand larceny, over 500 dollars in theft, you are likely going to be facing jail time.

Which law did the Virginia colony have to follow?

From 1624 until 1750, the colony of Virginia had a law which made it mandatory for colonists to become members of the Church of England. It was much less tolerant of religion than some of the other colonies. Finally, in 1750, other Protestant groups began to call for religious tolerance.

Can a cosigner take possession of a car if the primary signer is not paying the payments?

Yes. I believe the loaner will contact you with a past due amount, or send you a bill. If this hasn't happened yet, contact the loaner and tell them you want possesion if the car is not being paid for by the buyer. * No. A cosigner has no legal right to a vehicle unless his or her name appears on the title. The cosigner will have to make the payments to keep the vehicle from being reposssesed or have the vehicle refinanced in his or her name with the primary borrower being released from the current agreement, this can only be done if the lender agrees.

When you marry someone who has filed bankruptcy do you also take on the bankruptcy?

There is no real problem here as bankruptcy has to do with individual debts between the debtor and the creditor so you should not be affected by your fiance's bankruptcy. Also, because you will only be gaining community (or shared property) after being married that will not be available for debtors to get nor will any of your individual funds/ assets.

If you file a joint return after marriage , you file as an " injured spouse ". That way if any debts are back child support or support increases or IRS liability , your income should not be considered in most states. Consult a real lawyer before you get married to be certain of all this info .

What are the laws concerning cohabitation in Florida?

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0798/ch0798.htm

illegal. rarely prosecuted, but still illegal. It falls under either "Lewd and Lascivious" or "Open Adultery", which are 2nd degree misdemeanors, punishable by up to 60 days in jail or up to a $500 fine.

Florida is one of five states that as of 2009 still outlaws cohabitation. Generally, in states where it is illegal to cohabitate, it's tolerated as long as neither party is in legal trouble, ie probation, etc.

Reposession laws in Virginia?

2011 Code of Virginia

Title 6.2 FINANCIAL INSTITUTIONS AND SERVICES.

Chapter 22 Motor Vehicle Title Loans (6.2-2200 thru 6.2-2227)

6.2-2217 Limited recourse; repossession and sale of motor vehicle.

VA Code § 6.2-2217 (2001 through Reg Session)

6.2-2217. Limited recourse; repossession and sale of motor vehicle.

A. Except as otherwise provided in subsection E, a licensee taking a security interest in a motor vehicle pursuant to this chapter shall be limited, upon default by the borrower, to seeking repossession of, preparing for sale, and selling the motor vehicle in accordance with Title 8.9A. Unless (i) the licensee, at least 10 days prior to repossessing the motor vehicle securing a title loan, has sent to the borrower, by first class mail, written notice advising the borrower that his title loan is in default and stating that the motor vehicle may be repossessed unless the principal and interest owed under the loan agreement are paid and (ii) the borrower does not pay such principal and interest prior to the date the motor vehicle is repossessed by or at the direction of the licensee, then the licensee shall not collect or charge the costs of repossessing and selling the motor vehicle described in clause (ii) of subsection D of 6.2-2216. A licensee shall not repossess a motor vehicle securing a title loan prior to the date specified in the notice. Except as otherwise provided in subsection E, a licensee shall not seek or obtain a personal money judgment against a borrower for any amount owedunder a loan agreement or any deficiency resulting after the sale of a motor vehicle.

B. At least 15 days prior to the sale of a motor vehicle, a licensee shall (i) notify the borrower of the date and time after which the motor vehicle is subject to sale and (ii) provide the borrower with a written accounting of the principal amount due to the licensee, interest accrued through the date the licensee took possession of the motor vehicle, and any reasonable expenses incurred to date by the licensee in taking possession of, preparing for sale, and selling the motor vehicle. At any time prior to such sale, the licensee shall permit the borrower to redeem the motor vehicle by tendering cash or other good funds instrument for the principal amount due to the licensee, interest accrued through the date the licensee took possession, and any reasonable expenses incurred by the licensee in taking possession of, preparing for sale, and selling the motor vehicle.

C. Within 30 days of the licensee's receipt of funds from the sale of a motor vehicle, the borrower is entitled to receive all proceeds from such sale of the motor vehicle in excess of the principal amount due to the licensee, interest accrued through the date the licensee took possession, and the reasonable expenses incurred by the licensee in taking possession of, preparing for sale, and selling the motor vehicle.

D. Except in the case of fraud or a voluntary surrender of the motor vehicle, a licensee shall not take possession of a motor vehicle until such time as a borrower is in default under the loan agreement. Except as otherwise provided in this chapter, the repossession and sale of a motor vehicle shall be subject to the provisions of Title 8.9A.

E. Notwithstanding any provision to the contrary, upon default by a borrower, a licensee may seek a personal money judgment against the borrower for any amounts owedunder a loan agreement if the borrower impairs the licensee's security interest by (i) intentionally damaging or destroying the motor vehicle, (ii) intentionally concealing the motor vehicle, (iii) giving the licensee a lien in a motor vehicle that is already encumbered by an undisclosed prior lien, or (iv) subsequently giving a security interest in, or selling, a motor vehicle that secures a title loan to a third party, without the licensee's written consent.

(2010, c. 477, 6.1-497.)

How do you remove lien from vehicles?

Pay the bill to bring the account up to date, including any penalty or advance collection and fee indicated in the default notice. The creditor will then be responsible for releasing the lien once the debt has been paid.

Can a cosigner take the primary borrower to court to get possession of the car that the primary has not made all the payments?

Both the finance company such as G.M.A.C. or Ford Motor Credit keep record of the key codes in a folder on the sale. Contact the finance company, get the key codes, go to the selling dealership where the service department can cut the keys for about $5.00. If the vehicle is in default, the finance company should repo it and you could redeem it from them. There are laws that differ from state to state on repossessions and law enforcement officials must be notified prior to repossession so the vehicle will not be reported as a theft. I suggest you get current advice from the finance company first, because the primary could bring the account current without your knowledge and if you repo it when it's not in default or break any state laws, you could get sued.

What happens when you are unemployed and the bank wants to repossess your car?

They send a collection co. out who picks up your vehicle. Not sure if the point of this question is to find out if it is fair for them to take you car while you are in a financially bad position. The fact of the matter is everyone will run into situations at times that will not allow them to make payments on loans they have promised to pay. Most loan officers have programs in place to assist in these "short term" times of need. Ask your bank to defer a payment or two. There is often other things like making half payments for a period of time. Running and hiding and not returning their calls is what causes me to come to your house and take you car. It's a human reaction that people need to be educated against. Sorry to hear your out of work. Another job will come along and in time you will get back on your feet. Just stay in constant contact with all your bill collectors. Let them know your situation and ask them to work with you. If they refuse then I would suggest as soon as you can refi with someone else with half a brain.

Do you need a license to title a car in your name?

Technically, no. But, this will vary from state to state. Most states do require a driver's license to register a car, but not to transfer title. Transfer of title is typically required within 10 to 20 days of receipt, so they cannot prevent you from titling as well, in most cases - but they can prevent you from registering.

How do you change the executor of a will?

The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses.

An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.

How can you file a bankruptcy and not lose any money in the bank?

Why are you filing bankruptcy if you have money in the bank? You are entitled to exemptions, which may include some money in a bank account. The amount you may exempt will depend on whether your state has its own exemptions or allows you to use the federal exemptions.

How long should you wait after you get your lawsuit to file bankruptcy?

Winning a lawsuit will have no impact on your ability to file for Chapter 7 bankruptcy. If you are a judgment creditor, the judgment might become an asset of the bankruptcy estate and the bankruptcy trust might choose to sell the judgment or enforce the judgment for the benefit of your creditors..

if someone files bankruptcy on as credit card does that a third party has charged on and the debt is cleared dose the third party continue paying for a debt that is no longer there

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