Repossession

IF the initial person has a key and is not scared the other person will be mad. LOL Try to do it while she is at the mall or somewhere shopping. That way you will have lots of distance between you and her. Good Luck

The truck was sold by the bank at auction, they then sent us a bill for $5,600.00!!!! This was the balnce of the loan apparently, **NO this is the balance due AFTER deducting what it sold for at auction.and they auctioned the truck for far below it's worth.**REALLY, how much is /was it worth? It was sold at WHOLESALE price. Not retail.We are now receiving harassing phone calls from the bank and their collections dept. ( I am shocked at the unprofessionalism of these calls!)

what can be done to alleviate all of this? PAY the amount due.We don't have $5600.00 to give them for a truck we don't even have?! You had it and didnt seem to want it but that's NOT the issue. The issue is that you/he agreed to pay X number of dollars for X number of months. YOu/he didnt pay that and now the lender is going to collect the money due. They will sue you, get a judgment, and collect. Good Luck.

Yes you can, the DMV or Department of Revenue has the records and they are completely public.

it wouldn't be reported as a "stolen" vehicle unless they signed an agreement stating when they would return it. At most, it would be unauthorized use of a motor vehicle. Best thing to do would be to send a certified, return receipt, restricted delivery letter to the person stating they have so many days to return it or it will be considered stolen. Also put in the letter that acceptance of the letter constitutes their agreement. Yes you can report your car stolen but only if you said return it by a certain time. If you failed to give a time period, then you cannot report it as stolen.

No, not in Oklahoma anyways.

office is closing

perhaps not. If the courts determine that the value is too great and that the car and/or motorcycle are not necessary for you to maintain employment you may be forced to turn over one or both.

When entering or crossing a road, street, or highway from a private road, alley, building, or driveway after stopping prior to the sidewalk, you shall yield the right-of-way to all approaching vehicles and pedestrians.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Hi there. I am a Texas collection attorney.

You can have your wages garnished in Texas ONLY for child or spousal support. That's what the Texas Constitution says. So if you are not being sued for child or spousal support, your wages cannot be garnished to satisfy a judgment.

Hope this helps. Good luck.

Although Texas does have a statute that prevents wage garnishment by a judgment creditor there is an exception if no other method is available for the creditor to execute said judgment. This means that if the judgment debtor does not have personal or real property (bank account, real estate, etc.) that can be attached or liquidated to satisfy the judgment amount wage garnishment is possible.

Sure. But I guess if you feel they shouldn't bother caring about such a piddly sum, you can just fork it over. Pay your debts as you swore you would....don't try to make it like others are doing anything wrong.

By the way, all the costs of the repo, like legal fees and towing, and storage, and late charges, etc. will mean you'll certainly owe at least the 1000 after. No, they don't do it for free.

Only if the vehicle was used as collateral to secure the loan/debt. If the issue is strictly credit card account default, the bank cannot arbitrarily cease the vehicle. However the bank can file suit against the debtor and if awarded a judgment execute the judgment as a lien against any of the debtor's real or personal property, including a vehicle.

Don't think so, but could after getting a civil judgment against you.

The Federal Government and the Provinces have Limitation Acts which provide a limit on the time an unsecured debt survives. The Alberta Limitations Act sets 2 years as the term. Under this legislation collection attempts must be attempted within either (i) two years after the person making the claim knew or ought to have known of the claim, or (ii) 10 years after the claim arose, whichever period first expires.

You need a judge to issue one.

You need to provide a judge with the information you are basing they need for a warrant (probable cause) and if the judge is satisfied with the information, he/she will issue the warrant.

No, it isn't legal for an employer to fire an employee who files BK or has wages garnished, home foreclosure, etc. If the employer does want to terminate the employee they will manage to find another reason even though the real issue is the person's financial situation.

If it's federal they can get your social security without even taking you to court. They would have to take you to court for a retirement account.

If it's private they would have to get a judgment.

In short form, if a payment is missed, the vehicle is up for repossession. The company who owns the note may repossess the vehicle themselves, or may hire an independant company to repo it. Once repossessed, the company who owns the lein has to send a notice of repossession letter to the debtor, giving the debtor 10 days to either pay the car off in full, or catch up on payments missed. This is at the sole discretion of the owner of the note. The lein holder has to hold the debtors personal property for 15 days, and may charge the debtor a fee to retrieve the property. If the car is not claimed in ten days, the lein holder may sell the vehicle to the highest bidder. If the amount received exceeds the amount owed on the vehicle, the lein holder must refund the excess amount to the debtor, if the amount received is less than the amount owed, the lein holder may sue the debtor for the rest of the amount. A modest repossession fee may be applied to the total owed.

Under the changes to the bankruptcy law, a debtor can refile his Chapter 13 case. You will have to provide the judge a good reason to allow it, (which really means something like a change in your financial situation so you can now do what you didn't)...not that you now understand want it more than before. Some judges flex a bit on this, but it is very situational.

If case #2 is filed within 12 months that case #1 was pending, then the automatic stay is not absolute. Instead, the automatic stay does go into effect, but it terminates in 30 days unless the debtor files a motion with the court and convinces the judge to extend the stay. If the judge does not extend the stay, then it would come to an end in 30 days and the creditors/mortgage company would be free to re-start foreclosure/collection proceedings.

It is possible, but only by accident. If the real felon is captured, the innocent is released and the convict takes his place. It is illegal to serve a prison sentence for someone else. It is also illegal to take the place of a person in criminal or civil court under their name, but they are allowed to attend the hearing.

Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.

No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

It is possible to go to the Register Of Deeds office at your county court house. Take along a tax bill or something else with the legal description of your property. Someone there will help but be prepared to spend several hours. Another more costly way would be to have a local title company run a search for you. You could find one in the YP or any search engine.

Depending upon where you live, the city Town Hall assessor's office is a good place to start. Now in New England most assessor's offices are on line and you can find the liens placed on a piece of real property in the town's database system. You can always check through the recording books to double check. A good real estate attorney always has someone in their office doing this for a small fee if you do not want to do it yourself.