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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

What can you do if you just recently had a chapter 7 bankruptcy then soon after had your car repossessed?

Usually a car you are still driving cannot be included in a chapter 7 unless it is turned back into the finance company because it is considered an asset that, if sold, could help pay off your other debts. If you do not include it in the bankruptcy, you are under the same obligation to make payments and if you don't then the car gets repo'd.

If you file for bankruptcy the first thing I would do is talk to your lawyer about the options open to you if you want to keep your car.

Is it bad if you're 14 and don't have breasts?

No, it is not bad. it means that you are not fully developed yet- considering you are a girl. If you are a boy, then you shouldn't expect to have breasts at all. Because you are young, your body is still developing; if your breasts still haven't grown when you become an adult, then you may just have small breasts, unfortunately. But don't worry- its not going to harm you at all, and should you choose to have children, you will still be able to produce milk for them. Don't think about it too much or feel that you are unattractive or insignificant. Your body simply needs time to grow and develop.

What is the best way to fix a run in a stocking?

I don't think a run can be fixed but you can stop it from going farther by applying a little clear nail polish to the run.

That's what my wife used to do.

What happens if you don't pay a deficiency judgment on a car?

Then the lender can proceed collection efforts, which can lead up to a lawsuit, a judgment, wage garnishment, or lien on your property.

How big is the average double car garage?

Most are mot big enough and most are around 24x22. A much better size for a 2 car garage is 30x28.

When repoing a car in Florida if debtor does not give up the keys are you allowed to have a key cut?

In any state, what you do with the car AFTER the repo is up to you and the lender. Before the repo, yes, sometimes key cutting is the only way to get the car.(blocked in,cant get to it with a truck,ect) Some keys are very expensive, so make sure you really need one before you pay the money.

Can i sue someone if i am in the prossess of a chapter 7 bankruptcy?

Not as a rule. If the claim was something that arose after the filing, it will depend on the nature of the claim. If the claim arose prior to filing, you must have disclosed the claim in the bankruptcy documents and the trustee may take over the claim.

Consult a lawyer knowledgeable in bankruptcy.

Can you be arrested in the state of South Carolina for keeping a mortgage vehicle without making payments to the dealer?

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.

How delinquent do your payments have to be before your vehicle will be repossessed?

A GUY I KNOW PERSONALLY AND VERY WELL, WHO OWNS A CAR DEALERSHIP ANSWERED THAT VERY QUESTION FOR ME WHEN I ASK. HE RESPONDED SAYING 96+% OF DEALERS WILL WAIT AFTER 3 MONTHS NO PAY BEFORE REPOSSESION OF A VECHILE However it is strictly up to the lender. If financing is through the autommbile company (Chrysler, etc) it is their call over the dealer's. If you are dealing with a "Buy-Here-Pay-Here" lot, it can be as short as 3 days! Caveat Emptor (Buyer Beware)

Can you drop the charges against someone who you had arrested for trespassing after warning?

It is a common misconception that people can in fact "drop charges." However, once the authorities have become involved, it is no longer up to the individual to decide how to proceed with charges. The authorities, in conjunction with the attorney's office, decide whether enough evidence is present to proceed with a case, or if charges are indeed warranted and subsequently filed.

What are the chances of cure of Persistent Vegetative State?

the person is unconscious and unaware

The chances are very very slim. If you were to come out of the vegetative state there is a huge chance of not functioning normally and having brain damage.

The chances are very very slim. If you were to come out of the vegetative state there is a huge chance of not functioning normally and having brain damage.

Why are police cars called cruiser?

Police cars are called cruisers because that is what they do. They cruise about town, looking for trouble, and responding to those requiring assistance.

What should your daughter do if she entered into an agreement to purchase a vehicle and signed a promissory note including the details of the transaction and she was late on a couple of payments?

The only option she may have is to contact the lender and attempt to reaffirm the contract, which would include making up all missed payments and penalties in a specified time limit. Action concerning such an issue depends upon what the lender decides is in their best interest not the borrower's.

What is an plates come together.?

When tectonic plates come together, they interact at convergent boundaries, leading to various geological phenomena. This collision can cause one plate to be forced beneath another in a process called subduction, resulting in the formation of deep ocean trenches and volcanic arcs. Alternatively, when two continental plates collide, they can create mountain ranges. These interactions are fundamental to the Earth's geology and can also trigger earthquakes.

What is the procedure in South Carolina for putting a lien on a piece of land for a personal debt when the owner of the land is agreeable to the lien?

Go to Office Max or Office Depot and buy the paperwork commonly called a "mechanic's lien". This is a general lien contract and can be modified for your purposes.

What responsibility do you have to a tote-the-note lot if you return the vehicle because you no longer want it and it's almost paid off?

The same as you would with any person or lender with whom a promissory note has been signed. If you didn't get your original note back stamped pd in full, then you need to work something out with them. If you feel that you have reason to believe that everything is "done & paid for" by returning the car but you have nothing in writing from the car lot, then you need to get the help of an attorney. Possibly he/she can work out a compromise if nothing else. You might!!! being a big "might" be able to get help thru your State Attorney's office if you think you have been treated unfairly--due to the price, condition of the vehicle or interest, etc. Here is a link to all the state's since I don't know which is yours. http://www.naag.org/ag/full_ag_table.php Good Luck!

How do you get a court order in Florida to get a title the seller wont give you?

 

Certificate of Dishonor effectively used for Declaratory Judgement to perfect the involuntary transfer of a motor vehicle title

 

I was battling a quiet title controversy over a Dodge truck.

Facts:

Out of state truck contracted / sold to me by an un-notarized contract.

The owner failed to deliver the title and the truck is here in Florida from Arkansas.

The Florida DMV will/would not entertain any transfer of title given there is no bill of sale and no title. The un-notarized contract was understandably insufficient.

The truck was registered, expired, in another State other than Florida; and when I contacted the DMV in the other State, they would not provide any information or services unless I went to the out-of-state DMV in person.

The due diligence affidavit, that accompanied the civil action, was suggested to have me hire a PI, somehow get the sellers utility company to give out information on the seller, and a whole host of other impossible things requiring travel out-of-state, travel expenses, time, money, lodging, risk; all given the fact that the seller resides out-of-state

The only evidence I produced was the Certificate of Dishonor which took 20-days and the cost of a notary (no PI, or interstate travel, etc).

I think I have stressed the fact that the controversy was interstate ....

Resolution:

1. I created the Letter Rogatory supported by an Affidavit in Negative Averment.

2. I petitioned a notary by affidavit to begin a protest.

3. The notary sent the Notice of Dishonor (with presentment attached) via certified return receipt;

4. Then the notary sent the Notice of Protest 1-page notice via delivery confirmation;

5. Then awarded the stipulations in the Letter Rogatory to me with copies sent to the seller.

6. I opened a civil case with 2 attachments attached; one being an Affidavit of Due Diligence with the evidence of due diligence being the Certificate of Dishonor and the second being an Affidavit for Title.

7. One week later the court delivered the Declaratory Judgment.

8. The truck is now titled and registered to me.

For the mailings of notices, I had the notary use a US Postal product.

It is always helpful to have someone witness all documentation sent, so there are 2 persons' signatures (other than your own) on the record - a la "out of the mouth of 2 or 3 comes the truth", with the sender / notary writing a certificate of content/service describing the contents of the envelope(s).

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