Repossession

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?

women may be fined for falling asleep under a hair dryer, as can the salon owner. if an elephant is left tied to a parking meter, the parking fee has to be paid just as itwould for a vehicle. having sexual relations with a porcupine is illegal

if behind on payments how long before repossesion procedure can begin In Washington state there are no laws governing repo companies - they have to only take the vehicle they are after in a peacful manner - meaning even if you are going bezerk on them - they can only defend them and not assult you - also meaning they can't start the fight - they can block you in hook up your car and ask you to give the keys and exit the vehicle - they can charge you what ever fees they want and also they have to report the repo to the local law enforcement -

The wording of your questions presumes one of two things: either you are familiar with the debtor, or you have seen and perhaps talked with the repo agent who is trying to locate the vehicle.

If you are familiar with the debtor, it is possible you know who the lender is. Contact the lender with as much information as you can. Keep in mind that you will want to keep the location of the vehicle to yourself, and seek a locator's fee. This is a common practice in the industry. Many people short themselves by accepting $50 or less. Keep in mind that the lender is paying up to $1,000.00 for the repossession to be done and that all costs associated with the repossession are translated to the debtor as recovery fees. Personally, I would ask for $500 and let them negotiate me to no less than $300, with half up front.

If you have seen or spoken to the repo agent, let him know that you want a locator's fee, and that you will only negotiate with the lender. He can contact his office who can patch you into the lender or have the lender call you directly. Again, aim high, and let them negotiate you down a bit.

Of course, if you know the vehicle is being hidden, but do not know where it is, there is no point discussing it with anyone.

Georgia TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Georgia Motor Vehicle Division, 270 Washington Street, Atlanta, Georgia 30334. Tel: (404)362-6500. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. PLATES: Remain with the vehicle. If the DMV cant answer your questions, clik the link below and search on repossession legis.state.ga Plates no longer remain with the vehicle in Georgia, they are issued to the person now, and are transferrable.

If you can find a foolish banker, yes. If not, try a grant of some sort. Charities that help you get your life back on track, welfare agencies.

If you are still in C 13, you must speak to your trustee about getting any new debt or changing anything financial...or your case will be dismissed and you may be charged with fraud. Otherwise, anyone can lend to anyone they want. most lenders will not lend to people who have been BK for several years, and charge much higher interest rates when they do. Also, you may want to consider the definition of insanity is sometimes said to doing the same thing you have done and expecting a different result. Remember what happened the last time you were in debt? should be clear by now, if you can't afford your lifestyle without it...you really can't afford life with debt!

Actually you can be charged with a conspiracy charge which carries a 15 year sentence. If the cop wants to bust a nut that will be the one that gets you. If the cop is cool he will charge you with knowingly being present were drugs are kept. If he's really cool he'll throw you your coat, slap you on the back of the head and tell you never get caught here again. and finally it is not illegal to have drugs in you but not on you. better yet get some better friends go back to school and never leave your parents house, it's the best deal on rent you will ever find in your life.

Not saying I'm right not saying i know everything, just want the kids to want better......magscratch

Yes.

The standard for arrest is probable cause. Look it up (but keep in mind the definition is fluid & hard to pin down to specifics).

If a law enforcement officer has probable cause to believe you actually or constructively possessed a controlled substance (or anything else that it is unlawful to possess), he or she may arrest you and your arrest would be lawful.

Bear in mind, just because you are a passenger in a car it doesn't always mean that you "possess" everything in it. The facts of each case are different. But the facts of your case may support your arrest.

Yes, you can. It is considered a single filing even though your married. In a Chap. 7 all of your debt will be cleared, and anything you are on jointly will legally be your husbands sole responsibility.

debt

To transfer the deceased from one state to another you must contact and make arraingments with with a local funeral director pay them to pick up body and for transfering the deceased. There are permits and papers that require permission and notarized which your signature will be needed as well as yours. Next step is to contact a funeral home on the recieving end and give them all the information that he requests includes the local funeral address and info. and payment to the recieving funeral home. payments upfront of course is required and permits and paperwork. Just as a reminder a death certificate must be optained. Hope this was helpful.

Laws vary by state and my comments are based on California law. There are many procedures that might apply depending on the type of lien you are referring to. If you have a judgment against someone and you know of a third party who owes money to the judgment debtor, you can obtain a writ of exeuction and have the sheriff levy on that claim or you can file a motion for an assignment order transfer the right of payment to you. If the judgment debtor has a judgment against someone else, you can have that judgment assigned to you can you can then collect that judgment.

Technically, no, it would be trespass. They could be liable for any damages that were caused.

Once you are out of compliance with the loan, the bank is entitled to call in the note. If you do not pay the note once it is called in, the bank can repo the vehicle. It should all be described in the terms of the loan.