Does a repo man have the right to come on private property?
No. If they do, they are trespassing and you can have them arrested.
How does a home owners associaton file a lien against you for over due fees?
Best practices dictate that you work with you association-savvy attorney, who can review your governing documents and employ the guidelines there to verify that the board has completed all the necessary steps that must occur before filing a lien.
Then, your attorney can file a lien, of the proper form, and for the appropriate amount, that includes not only the unpaid assessments, but interest, fines, filing fees and attorney expenses.
In PA Can you shoot someone who's trying to steal your car?
No. You cannot use deadly force in defense of property. Not even if you're "aiming at a leg". You can use deadly force to protect yourself, and other humans, from imminent harm. If you go too far and use disproportionate force in defense of yourself or others, you can still be liable for manslaughter.
If your wages are being garnished can they put a lien on your home?
Judgment collection laws vary by state, but the law laws in most states give the creditor broad discretion on how to enforce the judgment. In California for example, there is no law against putting a lien on the debtor's home before, during or after the wage garnishment. * In the majority of cases a single judgment cannot run concurrently nor can the single same judgment be executed as multiple methods of "cure". The exception is child support and/or federal or some state tax arrearages.
Can a lien holder report the car stolen for being behind in payments?
Of course not. The car has not been stolen. But guess who is going to have to make the payments if the primary lender does not. You the cosigner, that's who. I would suggest you talk to the person you cosigned the loan for. If I were going to have to make the payments I would for sure try to gain possession of the vehicle. This is the very reason cosigning is a bad idea.
Does bankruptcy follow you from state to state?
Well yes and no. The actual bankrutpcy laws are FEDERAL and all Bankrtuptcies are handled by the FEDERAL BANKRUPTCY COURT system. The major features of the tax code are therfore universal. However, certain States have enacted laws that the Feds adhere (opt in/out) to that effect overall fairly minor aspects (albeit perhaps beneficial to some) in the long run, like interpretations on what property may be exempt...or is defined as what...generally these changes act to conform the Feds definition to the local ones or custom (like is a mobile home real estate or personal property, etc).
In reposession law if they can't find vehicle can a warrant be issued?
I do repos for a living and the police cannot threaten you with a warrant, i myself cannot stand police and they are all scandalous in my book, the only thing they can do is show up with the repo agents to make sure there is no conflict, it is a civil matter and they cant get involved!
How can you stop repossession?
Most automobile financing agreements allow a creditor to repossess your car any time you're in default. No notice is required. If your car is repossessed, you may have to pay the full balance due on the loan, as well as towing and storage costs, to get it back. If you can't do this, the creditor may sell the car.
If you see default approaching, you may be better off selling the car yourself and paying off the debt: You would avoid the added costs of repossession and a negative entry on your credit report.
3 ways to AVOID repossession
As a repossession specalist, I can say that paying the bill is the best way to avoid repossession. If that is not possible, talk to the bank or lender. Believe it or not, they do not want your car, they want the money and will be more than willing to deal with you. They generally loose money on a repossession. 90% of the time that I receive a repossession request, the debtor is more than 65 days behind (average is 3 months)and is avoiding calls from the lender.
In regards to hiding the vehicle or other technique, if the agent is worth his or her salt this will only delay not prevent repossession and may end up costing the debtor more. Once a repo is made and the vehicle is auctioned, any remaining balance is charged to the debtor. This includes the cost of the repossession. The more it cost me to do the job, the more it costs the bank and that cost is passed on to the debtor.
How can you put a lien on a creditor's vehicle to pay the judgment they owe you?
The creditor is the person who has loaned the money not the person who owes the money. The debtor owes the money and a lien is placed against that person's property by the lender obtaining a judgment through the proper legal procedure that are required in the state in which the debtor resides. Usually the creditor will need to sue the debtor in small claims or other state court in the county in which the debtor lives. Mechanic Liens can be recorded with the clerk of deeds or land record office by presenting the proper documents and following the methods required by the laws of the debtor's state.
What are the lien holders rights?
What are the rights of a lienholder on a car title when it comes to repossion of a vehicle?
Can a person legally take photos of your car tags with out permission?
Yes
Added: Although you may actually 'own' the vehicle the license tags are displayed on, the license tags themselves are never "yours." They always remain the property of the state which issued them.
Can you go to jail if you hide your car from the repo man in Wisconsin?
It is possible; Wisconsin is a self-help repossession state. Hiding the vehicle is called hindering repossession and is comparable to auto theft. When you purchase a car by loan, you do not technically own the car outright. You own it cooperatively with the loan provider. When you default on your loan, you give up the rights you had to the vehicle, and via lien law, the loan provider now owns the vehicle. Therefore it is not yours to hide.
What is the right to cure law?
check it out! http://janus.state.me.us/legis/statutes/9-A/title9-Asec5-110.html There are different laws in different states. The ones I am familiar with send the right to cure letter the first time the payment is 45 days late. It states that you may continue the contract if you make up the delinquent payments within 20 days. If you do not make these payments, the car can be repossessed on the 21st day. If you do make the payments and reinstate the contract, the car may be repossessed anytime you are in default - and that means even one day late - without giving you any additional notice.
Distinguish between domestic sales contract and export sales contract?
Domestic agreements are not intended to be legal binding
Commercial contracts are intended to be legal binding
Can a creditor repossess a car without a registered lien or validate title?
GEORGIA: Simple answer is YES. Does that mean legally? Not necessarily. I just came into this predicament 4 days ago. When I tried to file a stolen vehicle report, the 911 dispatcher told me the vehicle was repo'd and I needed to contact my lien holder. I DONT HAVE A LIEN HOLDER. PAID off Oct 2008; it's Feb 2009. The only thing Law Enforcement tells me is to "take it up with my lien holder" even after I show them the Title in MY name ONLY and ZERO lien holders. I showed them the certificate the lien holder sent me which was STAMP, SIGNED, DATED by the lien holder under RELEASE OF LIEN. A few other documents too but all I ever got from the Police Dept was "take it up with your lien holder." Anyways, the Lien Holder will NOT answer my phone calls or call me back. 3 days after starting my vacation coming home from Iraq and my vehicle is repo'd. From Oct 2008 until now Feb 2009, NEVER was any sort of notice sent to my house. My credit report even says PAID SATISFACTORILY Oct 2008. Since NO ONE is willing to help me at the lowest level, I have been forced to take this to an attorney. We shall see how this goes. This could have all been resolved the morning they repo'd my car. One more thing, the Police Dept states this is a CIVIL matter not a CRIMINAL matter. That is why they will not get involved and that is why they just say "take it up with your lien holder." So I asked the Officer, "So if you sir paid off your car today. 5 years down the road, the lien holder who released the vehicle to you 5 years ago and has had no affiliation with you for the past 5 years, can just "repossession" YOUR vehicle which has belonged to them for 5 years? How is that NOT a criminal matter?" The officer just kind of looked at me.
Did you apply for the title yourself? If so, the DMV would have told you when you applied that there was a lien. 96% chance your title is good. If you're still in doubt, go to the DMV and asl them to check it. Sounds like the guy that gave it to you might be wanting it back for whatever reason.
You're NOT gonna like my answer. You know if you've paid for the car or not. If you have not paid the dealer for the car, GO BACK and straighten it out. DO whats right. Do you need an attorney?? You would need two attorneys if I was the dealer... make the right decision.
My father sold a car to this man one time and the man said that he needed the tile for something so he signed the title over with money still owed on the car. The man refused to pay the money he owed, my dad hired a lawyer and took the man to court, the judge dismissed the case and said that there was nothing that could be done because the tile was in taht man's name and their was no lien on it. The judge said that it was jsut my fathers word against his on whether or not money was paid.
If a title is in your possession and it has NO liens on it, then the car is lawfully yours. you can go to the DMV and have it transferred to your name. it's not your fault the dealer gave you a title without protecting themselves by indicating that there was a lien on the car. all you have to do is take the title and the applicable fees to the DMV and have it switched over to your name. A judge cannot determine one way or the other if the car was paid for in full...the company could be lying about the payments received, and so could you. looks like you got yourself a car.
Obviously one of the more thought provoking Qs: If the title your addressing is in your name, without any liens, then no --- nobody can reposses it.
If it is someone elses name and they have only given you possession, (which is what happens in contracts for sale, which is what "we tote your note" place use), then they can repossess it.
And let me add....as an asset, if another creditor has been given the right to seize your assets, they too could take it. And especially if it doesn't have any other liens, may actually do so. (This would not actually be a repossession as much as a seizure...like if they seized your bank account).
Which article tells how laws are made?
The law is made in several possible ways.
1) By divine intervention - as in the 10 commandments.
2) By edict of a dictator or monarch.
3) By passing a bill in a democracy
4) In countries following the format of English Justice - by case history (decisions by judges - called case law).
Will bankruptcy help with reposessed car?
no it can't they can still take your car bus boat or rv, because you are not protected...even when you file a bk i know they took my car after i filed bk, the only way i was able to keep my car was to move and not give my address to the post office because the post office will report your new address to the repo companies, everyone check with the post office to verify stuff that is how creditor get you
Are you required to carry vehicle registration in the car in Texas?
No, if your vehicle is registered after Sept. 1, 2007.
http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB01666I.HTM
The above bill did not pass in the 80th legislative session. So it is still illegal to not have 2 license plates in Texas.
Can a private contractor put a lien against a company that has not paid them?
If the contractor performed labor or provided materials for the company, then the provider of goods or services may claim a lien against the property which they provided the goods or services to. See a construction law attorney for details--check the phonebook for an attorney who gives "free consultations."
Reasons why businesses combine. what are the reasons why they combine?
1- Cost Advantage
2-lower risk
3- fewer operating delays
4-avoidance of takeovers
5-acquisition of intangible assets
No The lender will not let you know when they are going to repo in NYC.In fact many times the lender will lie and tell you they are not going to repo and they do.If they do repo you will have to pay the outstanding balance plus repo fees,storage etc. plus whatever bogus fees the repo moron can get away with.Also remember in NYS car insurance rates have skyrocketed if your ins. has lapsed that is another way they can repo.If you feel a repo coming get everything of value out of the car radio etc.including your pp.If you can borrow the money to make the payments do so now before the repo!!!!!!After it will be much more expensive.Good Luck The only requirement of notification in NY is a post repossession letter must be sent, and a repossession condition report must be filed within 48 hours after the unit is secured.
What is a vehicle repossession by a private party?
It can be done but you pretty much have to follow the same rules as the major lenders. Ie: written contract stating that if payments aren't made, the lienholder can repo, perfected liens, etc. Best thing to do is contact a local repo company and they can tell you exactly what you need to do it.
What happens to you when your car is repossessed?