Repossession

When bankruptcy law was revised in 2005, a rule was added saying you must live in a state two years before you can use its exemptions. If you moved (into a house or PO box) less than two years ago and more than 90 days ago, the court will use exemptions from the state where you lived two years before the filing date. Technically, where you lived the longest between -2.5 and -2.0 years ago. If laws of that state say exemptions are for residents only and you are no longer a resident (you can have more than one residence), the court will use federal exemptions, even if your new state says they are not available.

In most municipalities it would be classified a misdemeanor what level would depend upon damages done to the vehicle. Besides the possibility of minor criminal charge the person who owns the vehicle has the option to bring a civil suit for damages against the person(s) or if the offenders are minors against their parents.

Your attorney is suppose to send a letter to the creditors asking if they would like to included on a the bankruptcy payment plan. The creditors have 30 days to respond. If they don't respond, then you don't owe them anything. Most likely they will charge it off as bad credit to the credit agencies.

If your case was dismissed it will generally be because you failed to do or show something. Time is of the essence and your case can be reinstated, but you will need to know why the case was dismissed to rectify the problem.what i know for the court to dismiss the case there general reasons that can make the court to dismiss the case.1 if you fail to present the needed proof in time, or if you fail to provide proof. 2 if you have failed it in bankrupcy and the court prooves that the case was supposed to be failed in another form, they can dismiss that and either request you to fail it in its supposed form.3 if the case had an expired date , so the case might be failed back only when the court dismiss it when it was failed in a long form, so the court will ask you to fail it in another way. thats the only way you can fail back the case

I've been able to do it on the spot the one time I needed to.

Before your car payment is due, call the lender and ask for extra time. If you're at least a few months into the loan and haven't missed any payments, the lender will probably let you miss one or two months' payments and tack them on at the end. If you don't pay or make arrangements with the lender, the lender can repossess without warning, although many will warn you to give you a chance to pay what's due. If your car is repossessed, you can get it back by paying the entire loan balance and the cost of repossession, or, in some cases, by paying the cost of the repossession and the missed payments, and then continuing to make payments under your contract. If you don't get the car back, the lender will sell it at an auction almost always for far less than it's worth. In most cases, you'll owe the lender the difference between the balance of your loan and what the sale brings in. If you are far behind on your car payments and can't catch up, the truth is that you may not be able to afford the car. Under these circumstances, you should think about voluntarily "surrendering" your car before the dealer repossesses it. This strategy can save you expensive repossession costs and attorneys' fees. Because it also makes life easier for the dealer, you should try to get concessions from the dealer before you give up the car. A dealer will often waive its right to collect the amount left owing on the loan and/or promise not to report the default or repossession to credit bureaus. Try to get the dealer to agree not to report negative information to credit bureaus in return for your voluntarily surrendering the car. Negative information (such as a surrender, default, or repossession) will appear on your credit report for seven years, and will affect your ability to get credit in the future.

A judicial officer, yes. It can be a judge, or magistrate, or in some states a Justice Of The Peace.

that must be the dumbest question i have ever heard.......um take it from yourself w/out yourself knowing..(dumbest answer I've given)

That is a dumb answer, but not a dumb question. There are proccesses that you must take. I would start by looking at (yourstate).gov and check your laws. You may only need the title and proof of non-payment in some states, and a notorized letter in others.

After the lender gets a judgment they can garnish your wages but they cannot getyour house unless you used it as collateral for the car loan.

Do California residents pay state income taxes on their Rairoad Retirement pension under the Railroad Retirement Act?

The answer I received from Law Enforcement was "Yes". I had a hot tub stolen by a former tenant and was told that it was a "civil matter" and not a "criminal matter" when I spoke to the police. Pursuing a case would have cost more than the hot tub was worth.

Stepparents are not responsible for their stepchildren. However, to collect unpaid support, the State may place liens on real and personal property, including bank accounts, even though the new spouse is a joint owner.

Of course. Filing for bankruptcy, put simply, is showing the court that your debts and financial obligations substantially exceed your income. The fact that you are self employed will not serve as a bar to your bankruptcy application but you will need to show detailed and accurate records of income and various expenses to establish the deficiency.

As a general rule of thumb yes you can. Lawyer fees are also tax deductible.

A person can have several liens in their names and still have a car put in their names.... NOW, if we are talking a bad debt lien, it will depend on the lender. It is best to be up front with the finance person first--they would know if they have a lender who will over look the lien. As far as buying the car from an individual--it shouldn't matter.

Assuming this is a straight bankruptcy, the mortgagee would lose the money that is owed to it on the mortgage loan. A bankrupt person or corporation loses all of his/her/ its assets to the Trustee in Bankruptcy so that the Trustee can liquidate those assets and distribute the net proceeds to the creditors. The mortgage loan is an asset which is then sold to the highest bidder along with the mortgage lien. The mortgage holder will now make the mortgage payments to whoever purchased the mortgage loan from the bankrupt estate. The mortgagee is left with nothing.

State laws vary, but if there is a mechanics lien on your car, or your car is impounded by law enforcement because of drug possession, the answer is yes, yes they can.

Typically law enforcement will not impound and auction a car that has a lien on it for the value of, or more than the car is worth. A mechanics lien is different and they can have the car essentially repossessed, if they go through proper legal channels. Generally speaking, in most states, someone can't just come into your driveway, take your car, and then sell it to pay a debt without filing appropriate paperwork with the courts and legal authorities.

Even if you don't have money for an attorney, you can search your state laws online, seek legal aid at a college or free clinic, or do your own research at a college library that teaches law. They'll typically have books on the topics with how laws are handled in your own state.

Probably not, but there may be issues down the road if you try to enforce some portion of the agreement that is in dispute. At some point, the party with the most to lose could file a motion to amend the contract.

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.

No. They're like cats. If you feed them, they won't leave. Consider this point of view. The beggar may be an angel in disguise. But beware. I suspect that an angel in beggar's clothing is looking to see your response to the poor, and not to a suspected angel. [Here's a little money-- bring me a yacht!] If you can give to a poor person with the attitude of wanting the beggar's forgiveness for your show of generosity, you may be on the right track. If you're going to begrudge the gift, you aren't doing anyone any good. I'm not denying every person's responsibility for themselves, but somehow, in some way, the system you're a part of failed this person. == Yes. Why not keep the energy of money or whatever your heart desires flowing in and out of your life. The more you give, the more you have! We have so many people who have served our country and are now homeless and beggers. We must not forget those people who served our country. A gift 4 you!

Brand, You COULDNT trade so you bought 2 more vehicles?? Is that correct?? IF so, you BEST move would be to sell the upside down car and put whatever you have to with what you get from selling to PAYOFF the loan. Sounds dumb huh? That is the CHEAPEST way out and keep good credit. Anything else will be MORE money AND collections. Collections usually include garnishment of your wages. If you know getting upside down was not smart, then you know this is the best way out. And please dont let a "friend" take up the notes. That only works in 1 out of 25000 cases. You'll probably be back in 2 months crying that your 'friend" didnt make the payments and "HOW do I get my car back".Please make the right decision this time. Good Luck

No.. they really don't have to knock. They are allowed to take the car without any notice.

Other than paying the debt, the only method for having a judgment quashed is to prove that it is invalid due to the content or the method in which the named person(s) was notified. Unlike the lawsuit summons itself, a debtor must receive and acknowledge the receipt of a final judgment notice before the judgment can be enforced.