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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 law on personal property when an eviction is taking place?

You should be able to remove all of your belongings within a certain time frame. However, it is not very long: maybe a day or so. Usually people have received warning that eviction will occur and they should plan accordingly to remove everything within that time.

When will the bank come and take your car after your bankruptcy is final?

Usually, you get to keep at least one car in a bankruptcy, and in fact it's rare the bankruptcy will ask you to sell any car, unless it's clearly a luxury vehicle not required for work. So your Mustang is safe but your Rolls Royce might be in danger. If you owe money on the car, you can reaffirm the debt, and thus keep the car and the original payment plan. Alternately, it's up to the creditor -- they can repossess immediately if you don't reaffirm.

The right of the government to take away private property for public use is called?

The legal term is "eminent domain". The power is derived from the 5th Amendment of the United States Constitution. ...nor shall private property be taken for public use, without just compensation.

Is it legal to park your commercial truck in your driveway?

It is not illegal to park your commercial truck in your driveway. However, there may be other relevant rules that apply. This includes any homeowners association rules, or rules by the company that employs you.

Will bankruptcy keep you from enlisting in the military?

no it won't, the only way it will make it take longer to join is if you are still in the process of bankruptcy.

Can the repo man take the car with a person in it?

No they cannot but that does not mean repo morons won't try.If you have any doubts call the Police Immediately !!!!

Can your car be repossessed during a chapter 13 bankruptcy?

BK proceedings will stop repo. action temporarily. A car is a secured debt, whether or not the lender will let you reaffirm your loan is entirely their decision. Most will if they feel you are going to be able to honor the contract. Repossesion is ususally more aggravation than profit for the lender. There may be, however certain BK statutes in your state that govern how such actions are governed.

When does the bank give you the deed to your house?

You should get the deed to your property at the closing and it should be recorded immediately. Some land records offices scan it and return it immediately, others take longer to get the information into their systems and will mail it back within a few weeks. Some registered land systems keep the original in their files. You can obtain a copy from wherever the deed was record.

How do you get your car from police seizure?

If the vehicle has been impounded the owner has to go to the impound lot with the proper documents of ownership and pay all charges that are applicable. If the car has been seized under a forfeiture law, the owner will have to wait for the court hearing to determine what action will be taken concerning the vehicle.

How do you put a lien on someones home without going to court?

Your first step should be to contact an attorney. Beware of self-help lien forms that are on the market. These will work fine if you are experienced in your state's real estate laws. If you are not experienced, even a small mistake can be grounds for voiding the lien and an award of attorney's fees in favor of the person who owes you money.

Who signs the contract first the seller or the buyer?

Typically a real estate contract begins with a written offer from the buyer. The offer, to be official is signed by they buyer. From there there seller may make amendments and sign and amended contract, that needs to be approved and the changes are either initialled by the buyer and the seller or a new contract containing agreed upon amendments is resigned by both parties. The signing continues until a final agreement with all agreed changes has been signed by both parties. For further information, see the related link below.

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.

Being in a Chapter 13 bankruptcy and receiving money for a personal injury settlement two years after filing do you have to by law turn that money over to the Trustee or bankruptcy attorney?

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?

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