Repossession

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.

Federal statute places the upper limit at 25% of disposable earnings each week. If an individual's earnings are at or near minimum wage (Legal wiggle room!) they are not allowed to withhold.

Yes, The vehicle will then be encumbered by the lien and cannot be sold, traded or the title transferred. Once the lien/debt is paid the lien is lifted and the owner of the vehicle can obtain a clear title.

Action by a garage/repair company is where the term Mechanic's Lien first originated.

No. Only a court can issue a lien. You would need to sue the car owner in court for a debt and win a judgment. The court could then issue a judgment lien and the sheriff could seize the car to pay your debt. A judgment lien could also be used to take any other personal property to satisfy the lien and it could be recorded in the land records if the defendant owns real estate. In that case, the property could not be sold or mortgaged until the lien is paid.

Check the wording of the loan documents (you should have gotten a copy), and/or check with the lender, but probably not. You signed as being co-responsible for the loan - the lender accepted your assurance - now you are as responsible for the loan as the borrower. If fact, you are the co-borrower. If the original borrower defaults and you become responsble for the paymetns, your complaint is with the person you co-signed for.

Washington has no 'duty to retreat', as precedent was set in State v. Studd (1999) and State v. Reynaldo Redmond (2003) when the court found: "that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be." But, the law is ambiguous. WA does not have an explicit 'Castle Doctrine', but like many of the other laws pertaining to gun ownership, they are based on rights of the gun owner and revolve around what the state expects is common sense and best judgment of the user. When you apply for a CPL (Concealed Pistol License), you will see some language that states WA is a 'stand your ground' state; again this is ambiguous.

There is no specific language in the law to state if burglary in your owe affords you the right to use deadly force, but the ambiguity of the law affords you some leeway.

However, read the law regarding justifiable homicide in Washington State. There is little doubt that slaying a person committing a felony by illegally entering your home with the apparent intent to commit even more felonies is perfectly justifiable in the eyes of the law.

To wit:

= Homicide --- By other person --- When justifiable. =

Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.

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.

Assuming you mean can the debtor in a Chapter 13 buy a vehicle, the answer is yes - with the court's permission. You must have a completed purchase and sale agreement with all terms completed and the purchase must not adversely affect your Chapter 13 plan. You file a motion with the attached documents, copies to the trustee and any creditor affected by the transaction or who has filed a request to be copied on all documents filed with the court.

THIS QUESTION HAS BEEN ASKED AND ANSWERED MANY, MANY TIMES. IT IS PART OF THE DATABASE HERE. PROPERLY USING THE SYSTEM MEANS YOU WOULD HAVE GOTTEN THE ANSWER WITHOUT HAVING TO WAIT! (Or inconveniencing others and wasting valuable resources). (And consider that if you don't understand how to use this simple system, which actually asked if this or a similar question were what you were here asking about - before your failure to think forced this into the active forum - you really should really consider having your own personal lawyer handle EVERYTHING to do with your financial matters and especially any BK issues. All of which are much much more complex and less forgiving of not adhereing to the system than this). It's not a "can"...it's a must! ALL of your assets, of all types, MUST be disclosed and reported in BK, and ALL of your liabilities/debts must be too. No exceptions, no picking and choosing. The court will then order each of them in priority according to the laws, some things may be exempt from use or discharge (like your personal furntiure and retirement accounts are exempt and child support cannot be discharged) - and the rest may be used. With one to pay the other. Debts secured by an asset (say a car) have first call or right to the money received from that asset. If it isn't enough to pay the debt, the remainder becomes a general or unsecured claim against the BK. You get a fresh start.... Not disclosing all items is frequently easily discovered, in which case - as you are swearing under oath to the court you included all info - your case is dismissed, and regularly, fraud charges are pursued. (Courts don't take to being lied to well).

No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.

Assuming were talking drugs - yes. In many U.S. jurisdictions just testing positive - having it (illegal drugs) in your bloodstream constitutes possession. Also, drug dogs have been used to convict people who had no 'measurable' amount on them. Scary ain't it?