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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
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.
A repo man is the person who takes back the merchandise you got via loans or credit-cards when you can no longer pay back said loans or credit-cards.
Can a cosigner have a primary title holder taken off the title?
If you go to the registration office with the primary and have them give consent to the cosigner
How do change a car over to someone else?
http://www.dmv.org/title-transfers.php DMV.ORG - The Unofficial Guide to the DMV
Can a charge off become a repossession?
yes - I am suprised they didn't force place insurance coverage on the car when they found out you had no insurance. I am also suprised they didn't report it as a reposession in the first place rather than a charge off. Are you sure this is the case? More input from FAQ Farmers: * Whats the difference? Neither make your credit report look like a SMILEY face. The best part is yet to come.
Is there a time limit within which the collateral must be repossessed?
None that I know of. i have saw cars being repoed after 3 years of being hunted.
How much do you have to owe a creditor for them to put a judgment on you?
There is no set amount, obviously the larger the debt the more likely it is the creditor will sue. Such a decisions is usually made on whether or not a judgment could be executed sucessfully. If the debtor is employed in a state that allows wage garnishment or bank account levy then a lawsuit is a viable option for the creditor as those are assets that are fairly easy to attach.
Can your assets be seized for credit card defaults?
No not legally, never!
I (the one addressed in the above), agree and must apologise to the previous poster. It was foolish of me to make such an absolute statement as all are frauds. The information s/he provided is excellent...and I believe shows we all agree it is an industry fraught with pitfalls and misunderstandings....and you really need to do a lot of research before doing business with any...and as always...if it souns too good to be true....it probably is.
How do you know if another car's gauge cluster can be swapped into your own car?
Call your dealer or Junck Yard and ask them if your cluster is interchange with another year. For example Jeep Cherokee is interchange 2000 to 2002 for the cluster but for ac/blower resister is interchangable for, 96-2001. O hope this help youSuleiman
Many states have "buyers remorse" laws that allow you to return almost anything within three days for a full refund. Others have "lemon laws" specifically dealing with cars. Call a lawyer NOW. If you can't pay a lawyer, call the legal aid society in the nearest city or large town.
Where can you get certified to be able to get into car auctions?
There are two types of auctions,
auctions open to the public, and
Dealer only auction.
To be able to get in the dealer only auction you must be a licenced dealer.
Can someone go to jail for lying about where they live?
By itself, that kind of lie doesn't seem to carry a lot of weight. But in context, the lie might be an attempt to obstruct justice in some way. Doesn't that put a different light on it?
