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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

Can the police help you retreive your personal belongings back by someone who is keeping it from you?

No! that is a civil matter and the police can not enforce civil law, you must settle it in a court. The police, however, can stand by to keep the peace if the other party is willing to let you remove the property.

Can a motorcycle that has been taken apart be repossessed?

The company who repossessed the car now has the collateral to make up for the amount of the balance of the loan owed to them. If there is more owed on the loan than the car is worth, it is possible to be sued for the deficiency. If a judgment is entered after this occurs, and that amount is not paid or settled voluntarily, the lender could seek to garnish a bank account or a person's wages or file a lien against real property. If the motorcycle has a loan on it, it is already encumbered and not subject to a separate lien.

Who is at fault if a bus takes off your car door right after you enter your vehicle?

This depends on the law of contributory negligence in your state. If you live in a contributory negligence state, you are at fault for leaving the door in the path of the bus. If not in a contributory negligence state, fault is apportioned at trial. I am a retired attorney. I would suggest you contact your insurance company for the necessary information.

In pa if you drive truck with gvw of 26000 pounds with air brakes do you need cdl license?

26,000 lbs. is what the manufacturer rates it at. So long as you do not let that vehicle get over a gross weight of 26,000 lbs, you do not need a CDL to operate it.

The only times you are required to have a CDL for a vehicle under 26,000 lbs. is when it's carrying a sufficient quantity of hazardous materials that placards must be displayed, or if it's designed to carry more than 15 persons (including the driver).

If you're attaching a trailer to this 26,000 lb. truck, then you are creating a combination which is rated at over 26,000 lbs. GVWR, and will need a CDL with air brake allowance - Class B is the trailer or vehicle in tow is rated under 10,000 lbs, Class A if the trailer or vehicle in tow is rated over 10,000 lbs.

Does new york allow garnishment of wages?

The law allows only one garnishment procedure at a time, they are taken in priority; for example a wage garnishment for child support would supercede a garnishment for credit card debt. The maximum for creditor debt in N.Y. is 10% of gross income (income before any deductions). The maximum for child support is 25% of disposable income (income left after state and federal taxes, social security, medicare, pension, etc.) When pertaining to garnishment by creditor lawsuits the law allows the state percentage to be used if it is lower than the federal amount. Pursuant to federal law, the first $154.50 of weekly income is exempt from garnishment.

How do i surrender my house after filing chapter 7?


In general that is dependent on the lender and the provisions of state statutes. It may also be affected by whether the filing was a federal or state BK. In some instances the consumer has up to a year before having to vacate the premises, in others it can be sixty to ninety days.

How do repo men find cars?

It is 2014. There is no such thing as not being found by the repo man. We spend $5k to $8k a year to find people who can't seem to do the right thing, like giving back something that does not belong to them. I have seen an R.O. run for over 7 years but the old repo saying goes you can run but not hide. In that amount of time if you can't pay for your car you're going to get kicked out of your house, which we can check though your county court office; this is checked on all runners at least two times a week. This is just the smallest thing that takes place in a recovery company's office. Just remember the car you call your own never is yours until the company signs the title over to you and until that happens your car is being looked for. People in the old days took back items that they could not afford; today people just steal it and think it's all good cause they paid a little down.

Does California require 2 license plates on a vehicle?

I only received one plate in the mail and have been driving that way (in Los Angeles) for 4 years. However a policeman stopped me yesterday and said I must have both front and back plates.

How do you find owner of a car?

You can't easily. Although the DMV files are public records, you must be able to correlate a license plate number or some other identifiable piece of information about the vehicle in question in order to get any information in return.

When to file bankrupcy?

If your house is being foreclosed on, you need to file a chapter 13, with a plan for paying the secured debt arrears, including the mortgage(s) and have the income left over every month to pay the plan (and the trustee's percentage).

Does repo man leave a note saying they took it your vehicle?

nope they dont, but dont worry, in at least a year the bank will send you a letter telling you they sold your car at auction and you still owe them alot of money

Can short term disability by garnished?

Not by a judgment creditor. They are subject to garnishment for child support, federal tax arrearages and in some cases spousal maintenance (alimony).

Can a cosigner register a car?

A "co-SIGNER" generally relates ONLY to the loan papers. Being a co-signer on the loan does not signify any ownership of the vehicle. If you are on the title of the car as the co-OWNER, THEN either you or the other co-owner should be able to register the car.

Does the person who cosigned for you have the right to take a vehicle even if the payments ARE being made on time?

no It depends. Is the cosigner on the title as co-owner? If so, they can take the car whenever they want.If they aren't, well, it's just plain car theft if they do. In other words if you are both on the title and the loan paperwork then both your butts are on the line financially and it's a civial matter if one of you wants the car over the other. But both of you have legal right of access so the police will not make an arrest or intervene if both parties can prove ownership.

Who is responsible for stolen items when police tow the car?

If impound was caused by your vehicle parked illegally, then the impound lot or the towing company could be held responsible. If it was impounded because it was retrieved as a stolen vehicle, then no one can be held responsible. However, in both cases, the personal belongings in the vehicle can be covered by either your own auto insurance under the Comprehensive portion of your policy or by your own homeowners/renters insurance under the Personal Property portion of your policy. They are subject to your deductible/s.

Can you do a cram down in chapter 7 for car and mortgage?

In short, No.

A "cram down" is special provision found in the US Bankruptcy code §1325(a)(5)(B)(ii) to modify a secured loan in a Chapter 13 plan even over the creditor's objection. Since there is no pay back plan in a Chapter 7 there is no way to "cram down" a loan with a chapter 7 bankruptcy. However, not all is lost.

A chapter 7 wipes out all contracts but it does not wipe out security interests. What this means is that when you have a car loan and you file a chapter 7 you no longer owe any money to the creditor but the creditor still has the right to repossess the vehicle.

If you'd like to keep the vehicle then you'll have to enter into a new contract with the creditor. This is called a "reaffirmation agreement" because you are reaffirming the debt. It is possible that the creditor could offer you a better rate or a lower principal than you had before based on the value of the vehicle. However, usually they offer the same terms that you had before. You can always negotiate for better terms but the creditor does not have to agree.

If you do not sign a reaffirmation agreement within 45 days of the 341 meeting (the 341 meeting usually takes place a month after filing) then the "automatic stay" is terminated and the creditor may repossess the vehicle.

Another trick is to file a chapter 7, which will buy you some time and then convert to a chapter 13 to cramdown the loan. But the cramdown only works if the note matures within the life of the bankruptcy. So if you have a 6 year note then the cramdown would not be available to you.

Goodluck.

Bankruptcy on a property will you lose your car?

When you file bankruptcy, you are required to fill out quite a few bankruptcy papers. Among these are Schedule C, which is a form where you list the property you are claiming should be exempt (meaning you get to keep it).

Both federal and state laws provide exemptions for certain property that a debtor is allowed to claim as exempt. What property is eligible for exemption status varies from state-to-state; however, some states allow you to choose whether to use the federal exemptions or your state's exemptions. If federal exemptions allow you to keep more property than your state's exemptions, then you should opt for federal, provided your state allows it (not all states allow you to choose between federal and state exemptions).

The following states DO ALLOW you to use the federal bankruptcy exemptions if you want: Arkansas, Connecticut, Washington, D.C., Hawaii, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Washington, and Wisconsin.

The following states DO NOT ALLOW you to use the federal bankruptcy exemptions: Alaska, Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. If you do not use the federal exemptions (either by choice or requirement), you are also allowed to use the federal non-bankruptcy exemptions.

What property is exempt under federal law?

Remember that only 15 states and Washington, D.C. allow you to use the federal bankruptcy exemptions (see above). These exemptions can be doubled if you are filing bankruptcy jointly with your spouse --

Personal and Real Property:

(1) Household: Up to $425.00 per item not to exceed a total of $8,625.00 (includes animals, appliances, books, crops, furnishings, household goods, clothing, musical instruments)

(2) Jewelry: Up to $1,075.00

(3) Vehicles: Up to $2,575.00

(4) Work tools (implements, books and tools of trade): Up to $1,625.00

(5) Health aides (wheelchair, etc.): Unlimited

(6) Burial plot: Up to $16,500.00 (in lieu of real estate exemption)

(7) Real estate (house, co-op or mobile home): Up to $16,150.00

(8) Any property: Up to $8,075.00 of unused portion of real estate exemption

Wages, Pensions, Recoveries and Benefits:

(1) Wages: None

(2) Wrongful death funds: Amount needed for support

(3) Personal injury funds: Up to $16,500.00 (excluding that for pain and suffering or pecuniary loss)

(4) Lost earnings payments: Unlimited amount

(5) Retirement benefits: Amount needed for support

(6) Alimony / child support: Amount needed for support

(7) Unemployment compensation: Unlimited amount

(8) Veterans benefits: Unlimited amount

(9) Social security benefits: Unlimited amount

(10) Public assistance: Unlimited amount

(11) Crime victims compensation: Unlimited amount

Insurance:

(1) Disability: Unlimited amount

(2) Unemployment benefits: Unlimited amount

(3) Unmatured life insurance: Unlimited amount

(4) Life insurance policy loan value, dividends or interest: Up to $8,625

(5) Life insurance proceeds: Amount needed for support

What property is exempt under state laws?

In general, most states allow you to keep much of your personal property, particularly that which has little or no value. You can even keep collateralized property in certain circumstances (of course, you have to reaffirm the debt).

Personal property includes tools that you use to earn a living (although there are limits on this); your clothing; and all of your household goods. As to your income, usually about 75% of your wages, and all of your unemployment and welfare benefits, worker's compensation, pensions, and insurance benefits are exempt. Most states allow you to double the amount of the exemption if you're married, but not all states, so make sure your state allows this before doing any calculations.

What is the statute of limitations for debt collections in NH?

In New Mexico the statute of limitations for an open ended account is set at 4 years. A credit card is an open ended account. That will be measured from the last communications from the debtor. The credit card may be based on a different jurisdiction which could be longer! You need to check your agreement for the applicable jurisdiction.

Can your wages be garnished from two different employers if one is garnished for 25 percent already in Arizona?

The only time wages can be have garnishments running concurrently is if one of the garnishments is for court ordered child support or spousal maintenance. Although in certain situations judges can allow separate creditors to garnish dual incomes, but not a dual garnishment by the same creditor.

What is Grand larceny in the state of Virginia?

The statute of limitations is the amount of time given for the prosecutor or an individual to press charges in a criminal or civil case. There is no statute of limitations in the state of Virginia for Grand Larceny if the crime committed is considered a felony.

Can you put a lien on someones home after that person died?

It varies from jurisdiction to jurisdiction, but normally (a) you need a court order, and (b) you need to establish a risk that the personal representatives will dissipate the assets without paying what is owed to you.

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