0
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 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 you be denied the pell grant if your wages have ever been garnished for child support?
You can receive federal aid if child support is in arrears.
T
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.
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.
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.
Is it legal to live in 1 state and file bankruptcy in another state?
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.
How long does it take to get a writ of replevin?
Are you certain that Florida even has a Writs of Replevin anymore (if they ever did). (See the highlighted note below.) Check with the Clerk of Court at your nearest Circuit Courthouse and they will be able to tell you.
Definition follows:
"Replevin is a action or a writ issued to recover an item of personal property which was wrongfully taken. Replevin, sometimes known as "claim and delivery", is an antiquated legal remedy in which a court requires a defendant to return specific goods to the plaintiff at the beginning of the action. The advantage of a writ (order) of replevin is that it deprives the defendant of the use of the property while the case is awaiting trial, therefore increasing the likelihood of a quick settlement.
The plaintiff in a replevin action must have an absolute right to ownership of the property, and not be entitled to merely a temporary possession of it. The property sought must be of a unique and identifiable character. Therefore, a general amount of money cannot be sought under replevin, but a particular purse with identifable contents therein may be. Almost all states have made replevin an obsolete action, since the states have adopted "one cause of action" for all civil wrongs. Trying all related matters at one time is deemed to be a more efficient and cost-effective method of dispensing justice, rather than having separate hearings and trials on each issue." See: http://definitions.uslegal.com/r/replevin/
Is it a criminal act to throw eggs at a person's car?
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.
What is the definition of repossession of collateral?
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.
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.
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.
Your bankruptcy was dismissed on 7-31-07 what can you do and can you refile?
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
How long does it take to get a car title in Texas?
I've been able to do it on the spot the one time I needed to.
What is the statute of limitations of a car repossession in Georgia?
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.
Does a warrant need a judges signature and count seal stamped on it?
A judicial officer, yes. It can be a judge, or magistrate, or in some states a Justice Of The Peace.
How do you do a voluntary auto repossesion?
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 taxes on retirement pension under Railroad Retirement Act?
Do California residents pay state income taxes on their Rairoad Retirement pension under the Railroad Retirement Act?
