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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 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

Do they have to notify you in NYC if your car is going to be repossessed and if so how do they notify you?

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?

Repo'ed carContact the lender that had the lien against the car, and they will tell what steps need to be taken to get it back (i.e. making all overdue and/or current payments on the vehicle).

Can you go to jail for possessing stolen property?

yes! well depends on what your are stealing and from who. but you do get arrested at the time of getting caught.

Upon arrest, you are sent to jail for processing. This is often a local affair, and short term. Upon conviction for a crime with a prison sentence, you are sent to prison, which often boasts higher security, bigger populations, and longer amounts of time spent there.

Can the police without a warrant or reasonable suspicion come on your property that is posted with no trespassing signs?

They can but any evidence that is collected would come into question during any court proceedings. If you have an unobstructed driveway or sidewalk that leads to your residence, it can be articulated that anyone may approach your residence. The rule is generally what a "reasonable" person would believe after seeing no trespassing signs, but then seeing a mailman or deliveryperson go to your house, and a clear walkway to your front door. Take away that "welcome" mat too. Gates and fences would reinforce the no trespassing sign, and the police would need a reason to approach your house.

Can a car be repossessed for back child support?

In many states, yes. But you usually have to own it or have a lot of equity to make it worth while.

Can you keep your IRA when you file for bankruptcy?

Absolutely. It being exempt from creditors is a main benefit of qualified retirement accounts.

Not "absolutely." Properly established IRAs are protected up to one million dollars, and a bankruptcy court can extend that higher. Any money that you withdraw from an IRA, unless it is all placed in another IRA or a 401(k) or other qualified retirement plan, is not protected.

What is the penalty for theft by conversion?

Whether or not theft by conversion is a felony depends on the value of the theft. Generally, if the value is over 5,000 dollars, it is a felony. Some states have a lower value to qualify as a felony.

Can someone put a lien on your house that you rent for a small claims judgment?

It all depends on the laws and court rules of the state where the court is. But usually even a default judgment in a small claims court will count as a judgment lien, although a default judgment usually can be set aside if there were reasonable excuses for the default and if there is a meritorious defense. Some small claims courts require that a transcript of the judgment be sent to a central judgment docketing office, meaning that the judgment is not an automatic statewide lien as a judgment in a regular trial court would be.

Can a towing company keep personal belongings that are in a vehicle that has been towed?

If you car was towed for a good and legal reason, then the company has the right to charge you money for the recovery of the vehicle - costs of towing and storage fees, usually.

What they do with your personal belongings is usually let someone pick them up. In some cases, they may feel that they have the right to hold them, as "security" for your payment to them. (In cases of a repossession, they should give the personal items back, as the finance company is paying their fee, and has no desire for your stuff.)

In theory, if you disagree with that, you could sue. But usually the cost of suit would exceed the value of most personal property in a car, and frankly, the tow company could as easily throw your stuff out and claim ignorance.

By all means, consult a local attorney. Always a good idea. But it might - in this case - be even better to just settle with the tow company, or plea in such a fashion that they take pity on you.

What are the laws on being emancipated in Wisconsin?

The state laws are unique in the designation of what constitutes an emancipated minor basically Wisconsin law says (paraphrasing) emancipated minor status includes (1) A married, divorced or widowed person who is at least 16-years of age. (2) A minor who has GIVEN birth (pregnancy does not qualify). (3) A minor who has been emancipated by court order. (4) A minor emancipated by parental consent. (5) A minor living on their own who is self-supporting. Court rulings made concerning such laws vary greatly. Judges tend to interpret emancipation law on a individual basis rather than prescribed application of established statutes. Actually,Wisconsin has no laws on emancipation.

Can a lien be put on home for cosigning a student loan?

If you cosigned, you are the borrower if 1st party doesn't pay. they can only put a lien if they get a judgement first. Remember nothing makes a student loan go away-not even a bk. It just accrues interest forever.

Can your car be repo'ed if you have the title?

IF your vehicle is collateral for loan in DEFAULT, it CAN be repoed.

Your car was impounded how do you find it?

First call the impound yard (if you don't know call the local police and they can tell you)

Ask if the car has a police hold if so for how long.

Ask for the total amount of fees due.

What you will need to get the car back.OK that's a common since answer what if they do not answer [and I been calling for the last 8 hours]and you have no way to get to the impound lot to personally find out how much what way do you find out then?

How do you file writs with an attorney in Texas?

IF you will be filing WITH an attorney, the attorney will do the filing. ler her/him do their job.

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