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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
No. Not if you signed the title over to the other person.
If they don't pay the loan then your credit will take the hit. If the car is still registered in your name you can take it. If so, do you realize how risky it is to allow someone to drive a car that is registered in your name? You are responsible for any fines incurred, any damages in an accident, and especially if anyone is injured. You are making a grave mistake.
Possession Interest Time Title?
Those are the common law requirements needed to create a joint tenancy. They are usually expressed as follows: TIME, TITLE, INTEREST, POSSESSION (TTIP) T - unity of time; T - unity of title; I - unity of interest; P - unity of possession. However, those requirements have been modified by statute in some jurisdictions. In Massachusetts the joint owners do not need to acquire their interest at the same time. One person may convey their property to themselves and another as joint tenants without the need to use a straw transaction. Those terms do not refer to adverse possession or repossession.
When you are 32 weeks and dilated 3cm and 50 inffaced how much longer before you pop?
Fully dialated is 10cm, so I'd say you have some time left. Don't fret!
When putting a title after the name do you put a title before the name?
This is listed under vehicle titles and you do neither that you ask. On a pink slip there are two boxes. One is the registered owner and the other is for the owner. If there is a loan on the car this is where the loan company is listed. If you own the car your name is there.
Are the rules the same for public assembly on private property as on public property?
Certain rules and regulations may overlap such as the requirement for traffic and crowd control, sanitary facilities, health regulations if food will be served, etc, even if the assembly is on private property. Thousands of different laws and regulations exert control over private property in some way. You should check with your town government. You may need a permit and they will notify you of the rules.
Do you have to sign papers when a car is repossessed?
No. The repo man is not going to walk up to you and say "I'm here to take your car; could you sign these papers, please?"
You may be asked to sign papers afterward, if you're very lucky; papers agreeing to pay back the deficit between what you still owed on the car and what it was actually worth. If you're not lucky, the only thing you'll be asked to sign is a check for the full amount of the deficit, plus the repossession fees (probably $300-500).
I want Experiance certificet model for spray painter.
If a car is bought from private party titled to new owner but not paid for can it be taken back?
The only way it can be taken back is if you are listed as the lienholder. If not, it can not be taken back without taking them to court. Call a magistrate and find out what you need to do before taking them to court. You may need to notify them by certified mail and give them some kind of time limit to pay before you can collect. But remember that it will be up to you to prove to the court that they owe you money, otherwise, you may not be able to collect anything.
As is frequent with legal matters, the answer is... "it depends".
Was there any agreement about (or mention of) payment of any kind when the equipment was stored, or before then?
Is there any written or recorded evidence of such an agreement?
Are there any witnesses to any such verbal agreement?
If not, it may legally be regarded as an attempt to hold your equipment ransom; an illegal attempt to extort money from you.
Many judges seem inclined to make an example of someone who does that, to the extent of cooperating with law enforcement and other agencies to apply the full force and extent of the law on any related legal infractions. Your lawyer (see below) would have the job of making this easier for the judge by being able to present the case in its entirety, clearly and coherently.
On the other hand, the person storing the equipment may have alleged proof of claimed costs incurred for the safe storage of the equipment. Unless he/she is legally knowledgeable, he won't think of doing that properly. Improperly prepared claims of such costs will only get him into more legal problems, such as claiming fraudulent expenses or costs, business fraud, perjury, extortion, and so on.
Get a lawyer or legal advisor. Even a free one, through legal aid. Your case doesn't even need to go to court for a lawyer to get the matter settled in your favor. Even a half-competent lawyer interested in your case would ensure that justice goes your way if the other person isn't legally well-prepared.
My hypothetical lawyer would (hypothetically) see to it that the person storing your equipment is aware of the following, and keep a record of their responses:
- Does the person realize that income from storage fees must be declared as earned income on their income tax declarations, and that failure to do so would be a federal offense?
- Is he/she able to give you a proper receipt (as legally required) for any "storage fee", including their name, address and phone number, the storage time period, the rate, applicable taxes, and so on? (Taxes are problematic!)
- Does the person have the storage business licensed and registered as required by local, state, and federal laws?
- Do the physical storage facilities of the storage business also comply with fire regulations?
- Applicable health, electrical, and safety regulations?
- Regulations concerning protecting stored items and materials from damage due to water, temperature variations, dust, humidity, and all other foreseeable causes of damage or accelerated deterioration?
- How about zoning regulations, such as having a business in a residential zone?
- Are the storage facilities insured for the replacement value of any and all stored items or materials owned by 3rd parties? (His regular insurance won't cover loss or damage to items owned by third parties who are being charged for storage. Additionally, his regular insurance may be canceled if the premises are also used for paid storage of items or materials by third parties -- unknown materials representing danger of fire, explosion, etc.)
- Does the person realize that all of the above applicable legal requisites would have to be demonstrated as having been in effect during the complete time period that he was storing your equipment -- but only if he actually charges you a fee, a charge, or any other kind of remuneration not proven to have been mutually agreed upon beforehand?
Plus at least 6 more reasons indicating that charging you for storage (in the absence of proof of a private agreement for payment) could very easily subject him to a number of serious charges or fines from various agencies.
The right approach by your lawyer or legal advisor will get the other person to ask you to please remove your equipment from his premises (to avoid serious legal problems himself) as soon as possible, with no storage fees or other charges.
By that time, he'd realize that he would also be legally responsible for any loss or damage to your equipment up to the point at which you take it back.
Be prepared to prove the equipment legally belongs to you. Gather your receipts, hopefully with serial numbers or other uniquely identifying information (or witnesses). Make a complete itemized list of your equipment being stored, with the condition of each item. Photos would be even better.
I'm probably not a lawyer in your jurisdiction.
I'm definitely not your lawyer.
Personally, I'd likely verify the "storage fee" requirement, then ask the person to mail me an invoice, then take it from there. But I have enough legal knowledge and experience to justify my requests, allay their suspicions, and lead them into legal traps at the same time. You don't, and I can't legally give you legal advice online.
So -- Get a lawyer or legal advisor, discuss this matter thoroughly, and proceed from there.
What is the chance a husband will leave his wife for his girlfriend?
It's about 50 - 50 unfortunately. Even if the husband does leave his wife for a girlfriend 48% of those men never stay with their new girlfriend for long and a fairly high percentage go back to their wives (if the wives will take them back.) Both men and women that leave their spouses for another soon realize the grass is not always green on the other side of the fence. What many people don't realize is that every relationship has problems so after the magic wears off they soon come to realize they have just traded off one set of problems for another.
NOTE: THIS IS NOT LEGAL ADVICE IN ANY WAY SHAPE OR FORM THIS IS JUST AN OPINION FROM SOMEONE WITH LIMITED LEGAL TRAINING WHO IS NOT AND IS NOT REPRESENTING HIMSELF AS A LAWYER OR AS A KNOWLEDGEBLE SOURCE.
Double check your contract for this clause if it is in there they may keep it because the contract is still valid even if financing is wrong.
"If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable."
What is the largest sheriff department?
The largest sheriff's department in the United States is in Los Angeles County. They have approximately 8,000 deputies.
Yes they can. I was renting and had my car in the garage. When I saw them come to take the car I freaked out! It was like I was watching someone rob me blind when in reality I was robbing them by not having made the 4 payments. No sweat, I was able to get another car the very next day - even after I admitted my car was just repossed.
the lender can seek a deficiency judgment against the homeowner in court
No.. Not unless the LLC is the debtor. Whatever issues the llc has, are at that moment; of no concern to the guaranteed Creditors. They have no personal guarantee from the LLC. There is no Direct responsibility for the Guarantee from the llc.
However, the Creditor can seek the assets of the Personal guarantor, including the assets held in the LLC to the extent that they are owned or controlled by the personal guarantor [borrower] 50% ownership would = 50% crossover from the personal guarantor's % of ownership.
It might delay enforcement until it can be made clear to the court and relief from stay is awarded. But It will not normally delay the judgment in the prior matter.
Get a consultation with a Specialist in this area of law. The comments here are based upon my lay interpretations and is not to be construed as legal advice.
Trenton Sims
California Broker
310.422.0435, 310.807.9230 FX Tsims@GreenPlanetFunding.com
Where can you find California laws on repossession and wage garnishment?
Call DCA's Consumer Information Center toll-free at 1-800-952-5210.In the Sacramento area call (916) 445-1254.
I bought a new Dodge Stratus and lost my job and can no longer make the payments because I have lost my job and have IRS debts that are more of a priority.
Thus, I want to do a voluntary repossession.
The loan is much higher than what the car is worth ($22k loan and probably $10k value) This was because I loaded additional funds on to pay off the loan on my old car as part of a divorce settlement.
My question is: what is the downside beside the major hit against my credit for 7 years? Can Ford Motor Credit hit me with a deficiency judgment and sue me or garnish wages when if I get a new job?
My question is: what is the downside beside the major hit against my credit for 7 years? Can Ford Motor Credit hit me with a deficiency judgment YES and likely WILLand sue me or garnish wages when if I get a new job?YES, unless you pursue the B/K route
At what point can the sheriffs office assist in repossession?
The sheriff's office can't act without a court order. This is not especially difficult to obtain if the lienholder can show that the lessee (the person who obtained the loan for the property) has defaulted on the loan contract by not making their required payments. Once the judgment has been issued by the court, the lienholder can request the sheriff's office to assist in repossession. The sheriff's office may charge a fee for this service.
Another View: Define "assist." If the SO receives a court order to "assist" in the repossession, that is what they will do. . . ASSIST. They will not physically remove the items by force of arms, or tow a vehicle, nor will they assist in hauling out the lienholders belongings, or the items referred to in the order.
They will be present only to ensure that no breach of the peace takes place. PERIOD
How do remove a bank lien from vehicle when bank is out of business?
When a bank has failed and you need a lien release, then the FDIC will be the ones to handle it for you.
See the link below. It provides you with all the information you need. At the bottom of the page, choose the listing that applies to your situation.
