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.
How to address mileage and VIN?
I think what we need to know here is,... what do you mean by "address" milage and vin?
What is the best car for tall people?
For a truck I would get a Dodge Ram. If your budget can afford you can get a navigator lots of space and good car for a tall person. To make sure check some car classifieds in the internet and get the best deals for SUV's.
How do you get someone to pay a judgment after an execution has been issued?
Enforcing a writ of judgment is the most difficult part of winning a lawsuit. The majority of cases are no asset cases, meaning everything the defendent/debtor has is exempt under state law. The most beneficial way to collect a judgment is wage garnishment or bank account levy. Both of which are regulated by state statutes. A lien against real property can be a method that may prove beneficial if the creditor is willing to "wait it out."
Can you sell a car in California and leave the smog up to the buyer?
No, it is the seller's responsibility to provide the buyer with a Smog certificate that is less than 90 days old when selling the car. The law makes no provision for "as is" sales in this matter.
I went to the DMV today as I purchased a car that was not smogged and I cannot locate the seller. I was told that I could sell it as is by 2 DMV personnel. Now I am really confused.
Can the lender file a felony warrant if you refuse to surrender the car?
Yes, they can. Legally, the car you financed is owned by the lender. If you fail to make your payments and then refuse to surrender the car, you are depriving its rightful owner of their property and have converted the vehicle to your own use. That qualifies as auto theft.
Added Answer:
Most likely the lender cannot. First, private parties do not file "warrants" like an arrest or search warrant. They may file complaints alleging criminal offenses in some jurisdictions.
Second, finance companies do not "own" the car that they finance. This is a common misconception. The purchaser of the car "owns" the car subject to a lien on the title for the amount outstanding on the loan. Certificates of Title (or of Ownership depending on the particular state's motor vehicle law terminology) are issued to purchasers in the name of the purchaser as the owner. The finance company is not named as the owner. Usually, the certificate of title has a place for the lien of the finance company to be noted on it, so that it cannot be transferred without a payoff of the lien.
Since the person refusing to surrender the vehicle is the owner of the car, he cannot be found guilty of felony theft of something he himself owns.
Most states govern repossession of automobiles within their own motor vehicle laws or go by Article 9 of the Uniform Commercial Code. The common rule is that an entity having a security interest in property such as a car, is entitled to repossess the property without court permission provided it can be done without a breach of the peace.
It would be best to determine whether an individual state's criminal or motor vehicle laws specifically state that a refusal to turn over an automobile to the lien holder constitutes a crime in any way. It probably is not auto theft, because the purchaser, not the finance company legally owns the car. There might be some provision somewhere regarding interference with the lien holder's lien. If an owner sells the automobile and fraudulently avoids paying the lien, he could be charged with fraud, but most likely not auto theft.
Is a person responsible for paying liens on a house that has been foreclosed?
I believe that a lien on a property stays with the property, not with a person. The purchaser of the property will be responsible for any liens to get a clear title.
CA has strong laws relating to repossession. I suggest you call the DMV # below OR go to the Call DCA's Consumer Information Center toll-free for additional information. The Center accepts calls in English, Spanish, and more than 100 other languages.
Call DCA's Consumer Information Center toll-free at 1-800-952-5210. In the Sacramento area call (916) 445-1254.
http://ag.ca.gov/consumers/index.htm
SECURITY INTERESTS: Shown on Certificate of Ownership (Pink Slip) or Title held by the lien holder. LICENSE REGISTRATION: California Department of Motor Vehicles, Post Office Box 942869, Sacramento, California 94269-0000. Tel: (916)657-7669. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, lien satisfied, affidavit of repossession, bill of sale, current registration card and smog certificate. PLATES: Remain with the vehicle.
http://www.dca.ca.gov/bsis/bsiscons.htm
How does one get a repo contract?
you have to first be liscenced as a reposessor in most states, you need reposessor insurance as well. not a cheap thing to get. if you were to go and repo a vehicle and the cops are called without the proper license, insurance, and the documentation from the lender including a copy of the title you aren't walking away fom it.