Yes; however, she first might have to get the courts to "revive" the judgment.
What is the process to transfer title of a home to one of five heirs?
The estate deeds it to the heir. If the other heirs have rights in the property, they need to be paid for their share of the property, either by compensation from the estate (if the total estate is worth 5 times the value of the property) or the person getting the deed pays them off for their share of it.
Was your motorcycle damaged? If not, then you have no claim whatsoever. If it was damaged then you have a claim against the repossession company. 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. Remember this repossession will stay on your credit for 7 years.
How do you take out a restrictor plate from a 49cc gas scooter?
Some are governed by a mechanism in the transmission, a plate inside sometimes can be removed. Many, like the Honda ruckus, are governed by the CDI ignition module. Replace it with a high performance one. The baja SC50 is governed by horsepower it cant go more than 50mph because physical power restricions. Try upgrading to a performance exhaust, cone type air filter and a CR7HIX spark plug set to .40"
What is the number of each make of car sold in the US in?
This one is a little to ambiguous. According to NIADA & NADA data there are more than 160 different types of cars sold in the U.S. while I'm sure the data is there to review it would not be feasible to post it here. I suggest visiting either of the aforementioned sites to get more information and additional stats can be found at the us dept of transportation website.
Sounds like you need to call a local attorney for state specific advice. You are into an area that will require a judgment/judge and that's NOT me. Good Luck
I just posted this question, here is the entire situation. I live in PA, paid the seller (a friend) the agreed upon amount of $2300.00 over the course of 6 months, the final payment coming in August 2004. All debts were satisfied; however, the seller kept putting off the title transfer after numerous requests by me. This week the vehicle was repossessed by the seller for no reason. I reported the vehicle stolen to the police and the police stated that since she still has the title she needs to make the report. I discovered that she indeed repo'ed the vehicle for what she states as failure to satisfy the agreed upon amount. I have proof that I paid her the entire amount and the fair market value for the vehicle is $2100.00, $200.00 less than what I paid the seller. Does having the title in the seller's name give the seller legal rights to take back the vehicle even after all agreed upon debts were satisfied?
If the title is in her name, the police are going to say it's her car until you get a lawyer and sue her. With documentation of the agreed price and payments made, you should have no trouble convincing a judge.
How do you get your vehicle back from a creditor after filing bankruptcy papers with the court?
All property in BK that is not exempted by state and/or Federal law has to be surrendered to the trustee. A vehicle is secured property and will be returned to the lender, or sold depending upon the circumstances. A car which is covered by exemptions, but is in default for payment, is usually returned to the lender. In some cases the lender will allow the debtor to reaffirm the loan and establish terms to catch up on missed payments .Property is not automatically returned to the person who filed BK.
Can you go to jail for not paying furniture note and not returning the item?
No. If you have failed to make a payment or have fallen behind in payments, the merchant may call you, write you, or in other-way's contact you to collect the the debt owed. They will usually recruit a collections agency which are oftentimes registered with the state. If the merchant has threatened you by stating you have committed a crime or they were going to call the police and have you arrested, that's a crime. Contact your local (state) consumer protection agency as well as the Federal Trade Commission and file complaints. They are rather quick and effective when dealing with Unfair Business Practices Act violations. You may also file a lawsuit against the entity or individual who may have violated the act in any way. If you feel they have broken the law, contact your local police and and file formal charges, such as "trespassing"
Check out http://www.repossessionlaws.info for info that should help you out. Post again if those aren't what you're looking for and I'll see what I can find. Thanks.
What is the Nevada law about reposeesion of a vehicle?
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.
Can you return a vehicle in 30 days?
You cannot return a vehicle. If you bought the used car "AS IS" with no warranty then you bought it as is, which means, exactly that, AS IS. If however you bought it with a warranty then the warranty may cover the repair.
Can a Repossession Company take your car from your driveway in New Jersey?
The short answer is yes, however the only requiremt in the NJ laws is that it be peaceful in nature.
As per the UCC, repossession is allowed and permitted as long as it is peaceful.
Repossession Laws in New Jersey: Where do I refer to for Title or License Registration? For state Title and License Information, refer to: Motor Vehicle Commission
Special Titles
P.O. Box 017
225 East State Street
Trenton, NJ 08666-0017 Telephone: (609) 292-6500 Request for Title Search - Fee $10.50 - Form #ISM/DO-22A
Request for Lien Search - Fee $5.00 - Form ISM/DO-22
Security Interests: Shown on title held by lien holder. Recording Requirements: Per the Uniform Commercial Code (UCC) adopted in July, 1963: With County Clerk of county where property is located, within 5 days. Refer to Department of Banking for confirmation and filing of chattel mortgages.
Recovery Requirements: As per the UCC, repossession is allowed and permitted as long as it is peaceful. Suit for purchase price prohibits recovery and vice-versa.
Redemption Requirements: Prior to Sale. Resale mandatory where 50% of purchase price has been paid. Resale optional with buyer where less than 50% has been paid.
Deficiency Requirements: If contract so provides.
Special Motor Vehicle Provisions: Statement of encumbrance (form CO85B) must be filed with the director of Motor Vehicles with title papers and encumbrances resulting therefrom shown on certificates of ownership for chattel mortgages.
Documents Required to Transfer Ownership of Motor Vehicle: Manufacturers statement of origin for new cars. Ownership of used car is passed through assignment by the seller to the buyer on the certificate of ownership. Documents Required for Liquidation: Application (CO-56), Writ of Execution stamped "True Copy" signed by the Clerk of Court, copy of posted notice of sale and original title. Plates: Remain with the owner / debtor, "as long as you have not changed the ownership. The same name must be used for both registrations and the registration code needs to remain the same. If you sell a vehicle and do not transfer its plates to another vehicle, you have to turn in the old plates to MVC."
What decides the ownership of real property such as a vehicle is the way the title is worded. If the names on the title of the vehicle are separated by the word "and" each party owns an equal share of the vehicle and both have to agree on any action taken. If the names are separated by the word "or" both parties have sole ownership rights and either one can take action without the permission of the other. Nevertheless, one party cannot have the use of the vehicle while the other one pays the financial obligation unless it pertains to a married couple or the involved parties have agreed on such an arrangement. Unfortunately situations such as cited quite often end up in litigation.
The writ of replevin is a court order to return property that doesn't belong to you, and where the rightful owner does not have the right to repossess them.
What position do you prefer on a team working on a project?
Honestly with my perrsonality, I perfer being in charge of team projects. Only because I know I would be most likely the only person who can get the job done right.
My car was repossed on Florida for late payment and princle interst is this legal?
yes yOU DIDNT MAKE PAYMENTS LIKE YOU SHOULD HAVE, THEY HAVE EVERY RIGHT, AND IF YOU DONT PAY WHAT YOU OWE INCLUDING OTHER FEES THEY CAN FREEZE YOUR ACCOUNT BUT THAT TAKES SOMETIME...
Law enforcement officers can make arrests based upon "Probable Cause." A citizens power to make an "arrest" is MUCH more limited - usually confined only to felony offenses - and confined to only those where the citizen actually observes, or observed, the offense take place and they took immediate action to prevent bodily harm or prevent the escape of a fleeing felon. .
How do English Cricket Board Central Contracts Work?
The England and Wales Cricket Board (ECB) Central Contracts are agreements between the ECB and selected players, providing them with a guaranteed salary for a year, regardless of their selection for international matches. These contracts are categorized into different tiers, reflecting the player's importance and performance, with higher tiers receiving larger financial compensation. Players under central contracts are expected to prioritize international commitments and may also have additional obligations, such as participating in promotional events. The contracts are reviewed annually, allowing for adjustments based on performance and changes in the player's status.