Repossession

Quentyn, these questions are best asked of your B/K attorney. S/he will give you the legal advice you are PAYING for. Good Luck If your car is repoed and you've already filed for Bankruptcy (Chap 7) will you be able to ask for your car back if you still want to continue paying?

Replevin is a cause of action that has as its goal the "replevy", or taking back, of an item of personal property, usually upon which money is owed. In this case, although it is not stated in the question, it appears that the replevin is based upon a car loan. If that is the case, and a lawsuit has been filed, the court must have both personal and subject-matter jurisdiction over the matter. Subject-matter jurisdiction means that the cause of action is being handled in the right court--for example, in the court of the state that handles actions in an amount into which falls the amount of this debt. Personal jurisdiction means that the court has to obtain jurisdiction over the person or entity being sued. This is usually accomplished by serving (delivering) a summons, complaint, or in the case of replevin, a "writ") upon the person or entity being sued. The law of the state in which the matter is pending will dictate how service can be made. The ideal is to actually deliver it to the person or entity. However, if he, she or it refuses to accept it, the law of the jurisdiction may permit another means of service, such as my posting it or advertising it in a newspaper of general circulation.

I went to the City of Columbia office on main street. Because I lived in Lexington county and not Richland I was not required to purchase a Columbia Business license. My next step will be going to Lexington county.

YOU are responsible for the car to the loan is payed off. The more it sells far after repo, the less you will have to pay later. get the car back, clean it up, and give it to the lender. WHY??? Folks who drive cars that don't cost them anything usually don't take care of them and the car isn't worth much when it gets to the auction. Basically you are GIVING them money that YOU will have to pay back. Its NOT good.

Usually, there are only two ways to charge a Larceny offense - GRAND Larceny and PETIT Larceny. The difference bewtween them is the value of the goods that were stolen and this amount changes from state-to-state.

can the state of maryland garnish my government disability check for back taxes owed the state of maryland ?no they cannot, u.s.gov. disability or social security cannot be garnished, Except for child support and Federal TAXES.

depends on the hitch and how big the vehicle being towed is

Selling or otherwise transferring an asset in anticipation of bankruptcy can cause issues. See a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Yes, your car will be sold and if the price they sell it for is less than the balance left on the loan, plus the repossession fees, you will be responsible for that difference and will have to pay it.

No you can't go to jail for it just make sure you use it in the right context cause like a lot of words it has more than 1 meaning it means a derogatory term toward blacks friend and also ignorant person

Forever Adding: I believe the questioner may actually mean to say - does the lien holder have to wait to sell it. Perhaps he doesn't understand that after repossession, it is then "their", that is the lenders, vehicle.

There can be no specific answer to the question. Creditors/collectors are usually in no hurry to pursue a lawsuit for debt, as the average SOL for filing a suit for unsecured (credit card) debt is 5 years. The average time for a suit to be heard after it has been filed is 18 months; although due to the economic crisis, courts are rapidly becoming backlogged with such matters so the time frame could be much longer. The execution of a judgment writ itself, has specific time limits depending upon how the judgment is to be enforced and/or the laws of the debtor's state. The debtor(s) will always receive a final notice of judgment whether or not he or she appeared at the civil hearing (trial) before the judgment can be enforced. Never, never ignore a lawsuit summons nor a notice of final judgment, it may result in the debtor's forfeiture of his or her right to protect real and personal property from attachment/levy.

NO It's almost always against the property owner's will, but if there is no confrontation (breach of peace), it will be removed. And you can spend 6-24 months in jail for tresspassing.

Been 4 years then they came and got our Personal Water Craft, after they said they didn't want it and it could stays ours. We were stunned,but they proceeded to claim they would "write it off". What are our rights now?

Did you receive any mailings or correspondence in those 4 years from the creditor? If not, you may be able to claim abandonement, but I would check with an attorney.

The consequences of bankruptcy differ according to which chapter of bankruptcy a person or business is filed under. But for the most common, Chapter 7, all debts are forgiven but banks may liquidate property, wages may be garnished, and credit scores receive a very severe blow. The article below goes into more detail concerning the effects of bankruptcy.

Take the title to the office where you get your tag at, and take the buyer, and the lien holder and the'll help you.

No, even under the new bankruptcy laws which will go into effect on Oc. 17th, 401K's are still exempt from BK.f However, filing a Chapter 7, will be nearly impossible for the average consumer after the October deadline, and any BK can face automatic dismissal for any number of reasons.

There is a 2 year statute of limitations on a misdemeanor theft by taking charge in George. It is a 4 year statute of limitation if it is a felony.

The Federal Government and the Provinces have Limitation Acts which provide a limit on the time an unsecured debt survives. If an unsecured debt is not collected or payments are not made on the unsecured debt then after a certain time no legal action can be taken to collect the debt. A March 4, 2003 decision of the Supreme Court of Canada, Markevich v. The Queen decided that limitations applied to CRA as well as other Crown proceedings. Section 32 of the Crown Liability and Proceedings Act and Section 3 (5) of the BC Limitation Act barred collection of the Federal and Provincial portions of the debt since the debt was more than 6 years old. NOTE:Before relying on the forgoing please check with an insolvency lawyer for the latest information. The Federal Government has the habit of rewriting the law when a court decision goes against them. Examples from various provinces and the Federal Government: * British Columbia - Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt. * Alberta - The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement. * Ontario - The Ontario Limitation Act 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies. * Federal - Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit for debt. Aphex Twin

In most cases an employer has to have a court order indicating whom is collecting and for what amount. The IRS is the only entity I know of that can force the garnishment of wages without a court order. The employer cannot garnish wages just because it wants to without warrant. If you owe the employer money, they would need to take all legal proceedings against you through the court systems. Department education, ssa, and other government entities can issue a wage garnishment w/out a court order. The government doesn't need to ask it's self for permission to get it's money back.

YES,in most states it IS a felony to conceal mortaged property.It doesnt matter if it is the debtor , a loved one, or a stranger. If you could just hide a car and not pay for it, think how many cars would NEVER be paid for. Wouldnt that be nice? FREE CARS.. not in this lifetime. Just pay the notes or give up the car.

You would need to obtain a copy of the deed for the property at the County Recorder's Office (or the office where the recorded instruments are maintained in your State).

Contact your finance company. They will often give you the chance to get the car back if you pay up to date plus impound fees and usually some more towards your balance.

When a person dies intestate then the probate laws of the state where the person lived takes precedence in the distribution of property and other assets, In addition, all debts of the deceased must be paid out of the estate according to their priority. Contacting the clerk of the probate court in the city or county where the deceased resided will help obtain more specific information. Usually it will be auctioned by the local government. -DJ Craig