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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 is the Child Abandonment Law In New Jersey?
:6-1. Abuse, abandonment, cruelty and neglect of child; what constitutes
9:6-1. Abuse, abandonment, cruelty and neglect of child; what constitutes. Abuse of a child shall consist in any of the following acts: (a) disposing of the custody of a child contrary to law; (b) employing or permitting a child to be employed in any vocation or employment injurious to its health or dangerous to its life or limb, or contrary to the laws of this State; (c) employing or permitting a child to be employed in any occupation, employment or vocation dangerous to the morals of such child; (d) the habitual use by the parent or by a person having the custody and control of a child, in the hearing of such child, of profane, indecent or obscene language; (e) the performing of any indecent, immoral or unlawful act or deed, in the presence of a child, that may tend to debauch or endanger or degrade the morals of the child; (f) permitting or allowing any other person to perform any indecent, immoral or unlawful act in the presence of the child that may tend to debauch or endanger the morals of such child; (g) using excessive physical restraint on the child under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or (h) in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), willfully isolating the child from ordinary social contact under circumstances which indicate emotional or social deprivation.
Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.
Cruelty to a child shall consist in any of the following acts: (a) inflicting unnecessarily severe corporal punishment upon a child; (b) inflicting upon a child unnecessary suffering or pain, either mental or physical; (c) habitually tormenting, vexing or afflicting a child; (d) any willful act of omission or commission whereby unnecessary pain and suffering, whether mental or physical, is caused or permitted to be inflicted on a child; (e) or exposing a child to unnecessary hardship, fatigue or mental or physical strains that may tend to injure the health or physical or moral well-being of such child.
Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child: (a) willfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or (b) failure to do or permit to be done any act necessary for the child's physical or moral well-being. Neglect also means the continued inappropriate placement of a child in an institution, as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being.
Amended by L. 1987,c.341,s.1.
How can you preserve public property?
Probably the best way is to treat property that is not yours with decency. You don't have to go out of your way to clean/fix/protect it yourself, people have jobs for that, just don't mess it up yourself.
If everyone had the consideration to be careful and clean up after themselves this would be a better world.
Can an employer terminate an employee out on disability and Lawyers for this situation?
In theory, an employer can not terminate an employee out on disability, assuming you provided sufficient documentation. If you think you've been wrongly terminated, then I'd contact the EEOC. They can provide you with more info and point you in the right direction.
Can your car be repossessed if the finance company accepts payments of less than the amount due?
Bottom line: YES it can. Although many things could factor into this answer, such as, have they given you anything in written form stating the new terms? Have you renegotiated your loan terms? When faced will something or nothing, most creditors are willing to work out something with you but are not bound by anything other than the terms of the contract. Although this point could be argued in a court of law. More input from FAQ Farmers: * If a person is sending or making payments of a lesser amount it doesn't mean the finance co 'accepts' these payments as acceptable. You would always want to discuss the situation with the finance co to see if the payment amount and dates being paid are acceptable. I work for a large finance co and we always try to work with the customer while they are trying to bring their account current. We won't repo a car if the customer is making the payments as discussed/agreed (which is always noted on an account) but if those payments aren't made or are late and we don't hear from the customer, there's a good chance repo is in process. Bottom line... the bank paid that car off for you, and they 'own it' until you pay them back. Work with them and they'll work with you.
How long after bankruptcy can you file chapter 7 and can you file chapter 13 after chapter 7?
You have to wait 2 years, in Tennessee anyway, between filings.
= Ans == Bankruptcy is ALWAYS in a Federal Court and under Federal Laws. (Yes, some Federal Districts use the prevailing rules regarding some things in their area...like what may be personal property compared to real property, but the overall rules are universal). YOUR STATE GENERALLY MAKES NO DIFFERENCE. Bankruptcy laws were reformed in 2005 making the time limit between chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.
Is it better to turn yourself in when you are aware there is a warrant for your arrest?
Yes. It gives you control of when and where. If it is a minor (fail to appear, etc.) warrant, you may avoid jail/arrest by appearing in court, and can give you some good standing with the courts if you face trial for a major crime.
Can furniture rental company issue arrest warrant?
An arrest warrant cannot be executed except through due process. This means a judge has to sign a warrant if there is probable cause to believe you committed a criminal offense. Non-payment to a furniture rental business is actually a civil matter, not a criminal matter. They can go before a judge and get an order to garnish. They can also repossess the property. They can ruin your credit rating. They cannot issue a warrant for anything. That's done through proper legal channels.
Does a creditor have any options after bankruptcy discharge?
Other than living with the actions of the court, not really. The one big exception could be if you could substantiate some malfeasance or misrepresentation by the debtor to the court. I'm presuming you mean by "discharge" the end or resolution of the BK case. Clearly, the time to explore and act on the options you would have is BEFORE the case is ended.
Why aren't you asking your bankruptcy attorney? It depends on the amount and what the award is for. And the details may depend on what bankruptcy court your 13 is in. You may be able to use the money to prepay your 13 plan and get out of bankruptcy. The money would go to you, not the bankruptcy attorney (unless you owe the attorney money). What claim the trustee would have is the issue.
What is a hold harmless agreement?
Also called an "indemnification", this type of agreement protects someone from being sued because of what a third person does to the victim. For example, before I let you clean the floors of my office, you will have to indemnify me (hold me harmless) if you negligently leave a dangerous condition that injures a visitor. The visitor sues me, I invoke indemnification, you pay all my legal bills and any damages awarded by the court.
Can you repossess a vehicle for nonpayment if it has a lien?
YES, IF-IF-IF you can pay the loan off. The lender will have to be involved in the sale to get the paperwork done.Lenders will NOT release the title until the loan is paid in full. Dont get yourself in a mess trying to do it alone. Find out from the lender what the payoff is and then make sure you have that amount ready to give the lender when you complete the sale. Good Luck
What if creditors already are looking for it/reposession order already out for it? Can this still be done?
Likely the only way to do it is CALL the lender, get the payoff and get that amount to them NOW.They want the money more than the car.....
What happens if a Court Order is breached?
My husband has stopped me seeing my youngest child aged 6, without giving any reason... We are in court tomorrow re children... He has breeched court order giving me access.. What will happen to him?
Who does the sheriff answer to?
In most states, a County Sherriff is a directly-elected position responsible to the voters of his/her County. Without money, however, the office can do little so budgets passed by the county's Board, Commission or however-named local taxing body provide a FUNCTIONAL responsibility to that body. In short, your County Commission probably "fie" the Sherriff, but they can make his orher job MUCH harder (or easier) depending on relationships.
How do you retrieve an impounded car?
It is unlikely that you can.
If you can't prove it's yours, why would they let you have it, and if it's not insured, why would they let you drive it illegally?
Where can you find a pro bono attorney to help you with a family law case in Wisconsin?
A few private lawyers may take a case pro bono if they are interested in the subject matter, but they are very rare and they don't advertise free services. Finding one to take a divorce case will be much more difficult; you will need to ask around. It's much easier to find free legal help from an agency that is set up for that purpose. If you can show that you can't afford to hire a private lawyer, you may be able to get help from a legal aid office.
The related link below has a list of legal aid providers in Wisconsin, with links to their websites, arranged by county. The "Statewide" category at the top of the list has links to directories of legal aid providers, where you can search for providers by location and type of case. You will find that many legal aid and volunteer lawyer agencies do not handle divorce cases - but others do. Agency websites may have information about the types of cases they handle, but you may have to contact the agency and ask.
If you don't qualify for legal aid because you make too much money, you may still be able to find a lawyer who will do some work for a reduced fee; try the "Lawyer Referral and Information Services" link in the Statewide category.
Why is there a lien on your car?
Typically because you owe money on it. When you take out a loan, the lender will use the car as collateral. This way if you default (fail to make payment) the lender can reposes (also known as recovery) the car to attempt to recover their loss. Once you have satisfied your debt the lien will be lifted. You can then go to the SOS or DMV with your title and prof of lien holders satisfaction and have the lien removed from the vehicles title. Some financiers do this last step for you.
Liens can however be more complicated. The lien is partial ownership of the said collateral, meaning you cannot sell a vehicle without the consent of the lien holder. Lenders can get away with it because upon your failure to make payments, you void the contract and forfeit your portion of ownership.
How soon can you get a car inspected in PA?
It is important to have a car inspected. Once a person signs the papers to a car, and ownership is given to them, they can have the car inspected immediately.
Who makes the most money in a year?
Buisiness maybe a doctor surgeon lawyer or something go on goolge and type that in u will find an answer
Sales people..
Can police help in repossession?
If you get a Writ of Replevin from the court, which is expensive, then they will force whoever it is to surrender the car (I'm assuming you're talking about a car). If you are just repoing on a defaulted contract, then the police can be called to "keep the peace," but the debtor may tell you to leave and if you refuse, or "breach the peace," you can be arrested.
Can the Title Loan company repo your car when you have a title that says there is no lien holder?
depending on the motor vehicle laws of your state but in the state of Arizona where i am from if you have the title in your name with no lien holder you are the rightful owner of the vehicle and nobody has authority to take it away unless you have signed a power of attorney and a title and registration application adding the finance company to your title.
http://www.1stopautotitleloans.com
What are essentials of valid contracts under the Indian Contract Act?
Essential features of a valid contract Contracts come in all shapes and sizes. Some are verbal, some are written. Some are formal, some informal. The use of the internet and electronic technology is also becoming increasingly common in the context of forming contractual relationships.
It is, therefore, important to understand the essential features which make a contract valid, binding, and enforceable. What is a contract? A contract is an agreement between two or more parties that is intended to be enforcable. A contract may be created: * Orally; * In writing (including by electronic means or through a website); * By inference or conduct; or * By a combination of all or any of the above. Essential elements?For a binding contract to be formed there must be: * An offer which is accepted and for which valid consideration is given; * An intention to create a legal relationship; and * Certainty of terms. Special rules and principles may apply to contracts that concern specific subject matter, such as employment contracts, the sale of land, and the sale of goods. The offer * Must be communicated. * Can be revoked at any time prior to acceptance. * Must be distinguished from an invitation to treat which is where a party communicates that it is prepared to enter negotiations with a view to forming a contract. The acceptance * The acceptance: * Must be communicated. * Must be of the offer made, otherwise it could be a ëcounter-offerí. * If posted, occurs on the date posted, if by phone, fax, or email, it occurs when received. Consideration * Must be ëvaluableí. Something must be supplied in return for the promise made by the offeror, eg money. * Must not be unlawful or gratuitous. * Must not be something already done or suffered (past consideration). Intention * The parties must intend to be bound by the contract. However, performance of the contract may be conditional on other matters occuring. Certainty * There must be certainty as to the parties, subject matter, and price. However, a contract that leaves terms to be determined by a third party will not be invalid for uncertainty. * Many contracts require parties to agree to standard terms and conditions. Make sure you read the fine print so that you understand what you are signing up to. Proving a contract It may be necessary at some point to prove the existence of the contract or explain or defend its actions before a court or some other forum. An oral contract may be difficult to prove, for example, if the parties to the contract disagree on its terms or whether it was ever formed. A paper trail is important to proving a written or electronic contract. Care should be taken not to destroy relevant written evidence of a contract. Enforceability Although a contract may have all of the essential elements, it may not be enforceable because of some other issue, such as: * Lack of capacity of one of the parties (eg one of the parties is a child). * Where a mistake is made about the nature of the contract. Relief may be granted under the Contractual Mistakes Act 1977 where the mistake results in a substantially unequal exchange of values. * Where there has been misrepresentation of a particular fact or facts inducing a person to enter into the contract. Under the common law and the Contractual Remedies Act 1979 there may be a right to cancel the contract and/or claim damages. * Where a contract is illegal or immoral or is effected by duress or undue influence of one party over another. * Where a contract unduly restrains a person in their trade. Remedies for breach Remedies for wrongful failure by a party to perform their obligations under a contract may include: * Damages; * Cancellation of contract; or * Specific performance. Damages Generally, damages will be awarded if the loss suffered: * Was caused by the breach; and * Is not too remote, ie the loss was reasonably forseeable. The amount recoverable is usually the amount necessary to put the party not in breach in the same position as if the contract had been performed. Cancellation In addition to damages, common law and the Contractual Remedies Act 1979 may allow a party to cancel or affirm a contract where the breach is due to a misrepresentation. Specific performance This is usually granted for breach of contracts for the sale of land or unique personal property. It is not usually granted if damages are considered an adequate remedy; if they are against or for an infant; or to enforce a contract for personal services. Statute of limitations The limitation period for all simple contracts is 6 years from the time the cause of action, eg breach, arises. Finally Never sign a contract unless you are sure you understand it. Generally, you will not be able to get out of it later. If there are any terms you are unsure about get legal advice.
Do you have to have a city business license if you have a West Virginia state license?
Business licenses are permits issued by government agencies that allow individuals or companies to conduct business within the government's geographical jurisdiction. It is the authorization to start a business issued by the local government. A single jurisdiction often requires multiple licenses that are issued by multiple government departments and agencies. Business licenses vary between countries, states, and local municipalities. There are often many licenses, registrations and certifications required to conduct a business in a single location.
Source: Wikipedia
What property is exempt from a judgment creditor in West Virginia?
PA. is one of the very few states that does not allow wage garnishment for creditor debt. It does however allow bank account levies, although married couples holding joint accounts may be protected by TBE laws. Homestead exemption for a primary residence is $8,725 if married and only the debt(s) are single TBE laws apply; $2,775 vehicle exemption, $1,750 in trade tools, $9,650 for any other personal property that the debtor chooses to protect. Unsecured creditors do not try to attach or liquidate such things as furnishings, it is too complicated and hardly if ever profitable. If the debt pertains to a married couple and it is not a joint debt, then TBE laws will more than likely apply and there is very little a creditor can do to execute a judgment unless the debtor owns property in their name only. Federal non-bankruptcy exemptions can be used in conjuction with state exemptions when it applies to a lawsuit, these exemptions include all SS benefits, private disability benefits, pension exemptions, and so forth.
Can your car be repossessed if your wages are already being garnished?
What happens is this, the vehicle gets repo'd. You still owe the deficiency after the vehicle is remarketed. The bank will take you to court for the deficiency. If you do not pay the deficiency if you are ruled against, they may garnish wages by court order. It takes legal action for wages to be garnished.
How do you collect monies owed to a business by a contractor for work you performed on a property?
Place a lien on the property,house,etc. You will have to go to the courthouse where the property is and file a lien against the person(s) who owes the money. If it's a house,building,etc. the property cannot be sold until the lien is solved. It varies by state so check with your local courthouse.
