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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 is the SOL on a Writ of Replevin and how can you find out if one was issued by the court?

CALL the COURT. go to www.state."yourstateabreviation".us.com and look up the laws yourself. Good Luck

Do you have to pay for the balance owe on your car after it is sold at an auction?

WHOM do YOU think should pay?? The govt.?? Of course you have to pay the balance due after the vehicle is sold. That was the point to having you sign a CONTRACT saying you would. Now I am just speculating here, so be patient. It is my understanding that a car loan is a secured loan. That is the car is the collateral in the loan. This is different than a credit card debt if I am correct. It is also my understanding that when you default on a car loan they, the lien holder, take possession of the vehicle. Now once again I am not a lawyer. If the collateral is taken away and is sold for less than money owed by the lien holder...well is anyone following me here. When credit card companies hound you for the balance owed you were able to keep the money, items whatever...it is a unsecured loan. A secured loan is balanced by interest, usually lower due to it is secured and the collateral of the vehicle. To me this is loan sharking. IF the collateral is not sufficient to hold the loan than the lendor should not be able to make the loan, because the lendee has no course of action if the need arise. I could be way off base here and I probably am. But pay attention here people because if this is not right than there is a problem with our system. JUSTTHINKING I am in a similar situation. I leased a car in 2001 and it was a piece of crap. I did not have the car long before I started having problems with it. The transmission went out and everything else was wrong with it. I told the car company to pick up their vehicle because I could not deal with all of the repairs. They gladly took it and kept my downpayment and all of the payments that I had made. Later on they sent me a letter notifying me that the car was going to be sold in an auction. To this day in 2005 they took it to court and sewed me for $10,000. They garnished my checking account. My attorney said that I had to file bankrupcy or else they will keep on hounding me and will be on my record for 10 years. I need to file now because the bankrupcy law is going to change drastically on October 16, 2005. So if you need to file do it now. This is just my opinion an what I was advised on by ny attorney

How can I get the title of a car I want ot purchase from a private seller when they have not paid off the car loan yet?

You will not be able to get the title to a car that still has a loan. The seller will need to pay off the loan before you would be able to get the title. A car title indicates the car is wholly owned by that person. If an individual is trying to sell a car they do not own outright, personally I would run, not walk, away. I would also wonder how many other times they have 'sold' the car????

Wait, lots of people sell cars without having paid off their loan. You have to meet the person at the bank holding the title and make everything happen. this is not that uncommon.

How much does a assistant special agent in charge make in a salary?

Assistant Special Agent in Charge (ASAC) are generally General Service (GS) pay grade 13-15, depending on the agency. Smaller agencies have lower grade ASAC's (GS-13), like Bureau of Land Management or the Coast Guard Investigative Service. Larger agencies, such as the Secret Service, have GS-15 ASAC's. A GS-13's base pay is $85,500, GS-14 $101,035, and GS-15 $118,846.

Can a warrant be file by a witness?

A "warrant' Is a legal document used by law enforcement to to apply to the court for a specific reason (arrest - search - seizure - etc). Witnesses STATEMENTS can be used in the wording of the warrant but a non-law enforcement witness cannot, by themselves, apply for a warrant.

Should one say 'on' the court or 'in' the court?

"In" the court signifies being physically seated (or standing) inside the courtroom.

"On" the court signifies being involved possibly in the game of basketball.

Is it possible to register a salvaged car?

I am sure this varies by state. In California a salvaged car can be exported to Nevada, registered, then re-registered in California. Ask an experienced car salvage guy.

How do you get car back from title pawn in Georgia?

Are you kidding ? You pay the past due balance plus repo fee.

Assuming they havent already sold it they will give it back. They dont want the car, they want the money.

Can an inheritance be taken by the courts or creditors if the will has not been executed and most likely will not be until after filing for Chapter 7?

Some received before the discharge are collectable by the trustee. Whether an inheritance can be included depends on the the type of BK (Federal or State) and the laws that are applicable. If however, the BK has been discharged, no monies are subject to seizure by the truste/court.

I'm a little confused by the answer above. There is no such thing as "State bankruptcy," though there are state receiverships which are similar but rare. The only bankruptcy that exists in the U.S. is federal bankruptcy, which is codified in Title 11 of the U.S. Code (though State law does affect the federal bankruptcy laws in each State to a certain extent). It is also not true that once the bankruptcy has been discharged the court can't come after inheritance proceeds. If the inheritance occurs within 180 days after the discharge, the court can still come after the money (see 11 U.S.C. 541 (a)(5)). If the inheritance occurs before or during the case, the debtor has an obligation to notify the court by listing the inheritance on their Schedule B, and the court can then go after the money assuming the State in which the bankruptcy is pending does not allow the debtor to exempt that type of property. Also, actual receipt of the inheritance funds is not necessary, a debtor has to list the inheritance if the debtor knows it is coming even if the debtor hasn't actually received it yet. In some states, one can "disclaim" an inheritance, which means the person can say they don't want it, and the inheritance is protected from the bankruptcy court, but this is complicated and rule-specific and one definitely needs to consult with their attorney about this. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

If you were arrested and your car was impounded how long do you have to get back before they sell it in California?

as far as the lots here in san Diego go (which is practically run by former cops)selling your vehicle, they won't sale it right away. you have time to get it out. your best bet is to have someone call the lot, get the total and try to work out a deal. 30 days usually is how long they try to hold it ransom. remember it cost every day that it sits there. so you're looking at the initial day @ around $250-282 which includes chp tax, hook up cost, storage etc. then roughly close to another $80 per day on top of that. if you wait too long it won't be even worth it to get it out.

Not getting personal, but depending on why you were arrested it may be a lot more expensive than a couple of hundred because they may have tacked on additional fees and interest simply as a DETERRANT so you'll be discouraged from getting your auto back.

With as many years as I've been in security, I've had more than enough dealings with police who will say flat out they would want someone on pending narcotics charges to be "nice and immobilized". The suspect having his/her own vehicle is the easiest way to flee a state.

If this is going to be a regular problem I'd encourage you to elect EXTENDED comprehensive coverage on your insurance policy so if it does get impounded all you pay is a small deductible and don't loose your auto from daily rocketing surcharges.

Good Luck!

Once your car is Impounded you will receive a 180 in the mail letting you know of the impound and of its locations. Impound lots put a lien on the car on the 3rd day. DMV will then send you a notice of the lien. On this notice it will tell you how to go about putting a hold on your car.. IE you have plans to get the car once you have enough money. If you follow the instructions of the lien and do the requirements by the time limit your car will not be sold.

Can you be charged to retrieve your personal items of a reposed vechile in Nevada?

Most impounding agencies charge a storage fee for items left in a repossessed vehicle. The usual amount of time the person has to reclaim their possessions in such a situation without having to pay such fees is 3-5 business days.

Do you need a concealed carry permit to have your pistol or long gun unloaded in the trunk of your car?

It depends on what state you are in, call your states attorney general or your state police and ask them for the pertinent laws including section, chapter and paragraph then look them up yourself just to be sure. In Texas you can have a long gun anywhere in your vehicle, you can have a pistol anywhere in your vehicle-loaded and ready to go- PROVIDED that it is 1. Concealed 2. You are traveling which is defined in Texas as being in your vehicle for a lawful purpose.

Has anyone ever been sued by schindler law firm from Illinois for a debt Are they legit Will they negotiate?

Yes to answer your question...Legit enough to Sue, Serve, and get me into court in McHenry County, IL. You have 2 options after you get served, show up at court and fight them until they negotiate, or don't show up or let them get a Default Judgement on you. In my experience, they will get you into court several times with a substitute attorney who has no power to negotiate, and or the information enough to do so in hopes that you get sick of going to court and just accept your debt in front of the judge.

I told them because my debt was near $2500.00 "that I can just as easily file for bankruptcy for $800 instead of paying the original debt" to the junk debt dealer in the first place. They buy these debts for around $.10-$.40 each and need to be fought against tooth and nail. I told them also that I would pay them the $800 for them to accept and settle out of court and dismiss the case with the agreement in front of the judge that they would clear my name with the 3 credit reporting agencies..

Hope this helps

Can i strip my car before repo from title pawn?

Yes, you can strip your car down before a Title Pawn repossesses it, but it would not be the proper thing to do. I am not advocating that the Pawn Shop is unfair, however, you came into agreement with the Company while you were in a hardship in need for Cash. The Pawn Shop business is one that is need in the community; particularly those individuals that a less fortunate to have cash on hand for emergencies. Here is little advice, stay in good standings with the company. Don't strip the car or devalue it. Pawn Shops generally give you the Black Book value of the car time 80%. Virtually that's if a car blue book value was $1000.00, they would offer you half the value (Black Book) times 80% or $400.00. If you sold the vehicle you would come out better and maintain a positive standing with the company.

The can not take you to court if you turn the vehicle back to them (if you reside in GA-O.C.G.A. § 44-12-137 (7)- (2011)). However if you avoid them or destroy the vehicle they have other remidedes. I hope this answered you question.

What are the nc repo laws?

They are probably like anywhere else. If you do not make payments, the lender has the right to take back the car or whatever it was that you bought. That is because you signed a contract and did not hold up your part of the deal.

Where can you obtain a Foley stat lock?

http://www.statlock.com/service.html is the website for statlock they should be able to assist you in finding a local vendor. For reasons known only to the idiots who make laws, this product can only be purchased on the order of a physician. In other words, get a prescription and expect the usual red tape. These are some of the most useful devices ever created and have lots of uses beyond the medical profession, they have no needles, sharp edges, and come packaged in a sterile container. God only knows how anyone is supposed to get hurt on one if purchased without a prescription. Use is very simple: The device attaches toi the skin with a self-adhesive pad. there is a channel in which the catheter sits, and a "lid" that snaps over the catheter to hold it in place and reinforces the positional integrity of the catheter in a way stronger that a suture could compare to.For long term use, skin preps or tinture of Benzoin will assist with adhesion to the skin. This is also helpful in the case of oily skin or on patients who are bed-ridden or squirm a lot. You can get almost any kind of drug on the street without a prescrition, but assistive devices like this are almost impossible tp find.

How do you make a motion to appeal the relief of the automatic stay granted by the court even though you are past the 10 day deadline?

I can't answer this question directly since I do not do appellate work, and I'm not well versed in the details of appellate practice. So, I do not know if the expiration of the 10 day deadline to appeal truly burns all of your appellate bridges or not. And, to be honest, I think you'll have a tough time getting a good answer to that question without going to see a lawyer.

However, as an alternative to appealing a decision, some debtors who are in the situation of having the stay lifted can still keep whatever collateral is in issue by negotiating with the attorney for the creditor to let the debtor keep the collateral so long as certain repayment criteria are met. For example, some creditors, even those who have relief from the stay, might agree to let the debtor resume monthly payments and keep the collateral so long as the debtor does not miss any more payments and so long as the debtor catches up the arrearage (and attorneys fees and costs) with additional monthly payments over 4 or 6 months. Of course, creditors don't have to agree to anything, so the debtor does not have a lot of bargaining power. The sweeter the debtor can make the deal, the better.

Another alternative some debtors in that situation pursue is to file a Motion to Reinstate the Stay with the Bankruptcy Court. This basically requests that the Court reinstate the stay and indicates how the debtor will ensure that future payments are maintained and explains how the debtor will quickly rectify the problem which gave rise to the relief being granted. Many times, however, the debtor needs to do something compelling to get the Court to reinstate a stay, such as provide proof that the debtor did not get notice of the creditor's Motion for Relief from Stay in time to Object, or ensure that whatever the reason for the relief being granted was will be cured immediately (such as the debtor showing up to the hearing on the Motion to Reinstate the Stay with a check for the entire amount of the arrearage, etc.). Of course, no matter what the debtor does, the Court may or may not grant a Motion to Reinstate the Stay.

Another thing a debtor can do is seek refinancing from a new lender to pay off the creditor who has relief from the stay. Most states grant a debtor the right to "redeem" property, which means that as long as debtor pays off the entire amount of the indebtedness PRIOR to the collateral being sold, the creditor is required to tender title to the debtor. It should be noted that one must get permission from the Bankruptcy Court prior to getting a new loan. It should also be noted that a debtor must wait at least 180 days after voluntarily dismissing a Chapter 13 once a Motion for Relief from Stay has been filed in that case before re-filing a new case to get a new stay. See 11 U.S.C. 109(g)(2).

There are also other options which may be available depending on the other facts and circumstances of the case, but one needs to see a lawyer to really get a good picture of what courses of action might be advisable. Pro se Chapter 13's just don't seem like a good idea to me, and I'm not just saying that because I'm a lawyer.

Please note that nothing in this posting or in any other posting constitutes legal advice nor establishes an attorney-client relationship; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

You received a Writ of Execution but you paid a portion of the writ before the sheriff uplifted your goods can the sheriff still take the goods?

A 'writ' is an order to the Sheriff to do certain things contained in the writ. The Sheriff is required by court order to do those things regardless of your financial situation. You must apply to the court to have the writ of seizure altered due to changed circumstances. It it is not within the Sheriff's power or discretion to disobey or alter the order/writ they have received.

Can a creditor recover any deficit that results from the voluntary repossession of a vehicle if the borrower has no assets or property?

Yes. If the borrower is employed the lender can file a lawsuit and be awarded a judgment which can be executed as a wage garnishment. Even if the borrower does not have seizable income, assets or property at the time the judgment is awarded the lender can hold the judgment. Judgments can be from 5-20 years duration and most are renewable. That means it is highly likely that at some future time the debtor will be employed or have assets or property that can be attached.

What time of the year is the best time to buy a new car?

  • When 'that' particular vehicle holds the least real value to the consumer vis a vis cost to the manufacturer. -pay attention projected yearly gas prices -look around you for mode-income (not average but the amount of income made most often in that area at that time of year). A lot of oilfield money means people can afford the sticker price on that SUV -think of the utility of the vehicle vs your 'attention' to it which salespeople pick up on: not many people are thinking in investing in a convertible on the cold drive to work. But on the other hand seeing one all toasty warm and shiny through the showroom glass flips a lot of psychological switches. Moreover, they are not only 'looking' but also 'expecting' a great deal. And thus are potential buyers or your 'competition' for that single car. -pay attention to the time of year that the new models come out: manufacturers have huge investments in specific lines of cars which must be cleared of their own accounting books. A certain bulk of money must be achieved within a frame otherwise cutting into future profits. Bad sales for example, effects investor confidence and thus projected economic growth. AS well, cars sitting on a lot is like money sitting in your pocket, -losing value. And finally, the new line needs access to the market. For example, if in 2005, Chevy consumers have 2 billion dollars in disposable income that could potentially go to buying Chevy's, GM would rather have that money directed to the 2005 Chevy. This means that if the bulk of 2004's haven't been sold, GM would be competing with not only Ford and Chrysler but also itself.
  • The best time in the winter because few people buy cars when it's cold. The salespersons are hungry for sales and will give you the best deal as long as you don't let their pushiness take over.
  • I agree, winter and end of the month are best.
  • You can get a good deal at the end of the month because dealers have a floor plan, which means they pay a monthly fee on each car if its still on the lot.
  • You get a better deal at the end of the year, because no one wants to buy a last year model.
  • But to be honest you can get a good deal any time you go to dealer. I used to work as a car salesman, so i know how all this works. Simple way to get a good deal is go to one dealer, get a number, go to another dealer tell him to do better but already drop a price a bit, like 15-20%. Then go to third and have them beat it. You have to show them that you are ready to buy so they spend time on you and give you a good real price.
  • The absolute best time to buy a car is at the end of December, between Christmas and New Years. Salesmen/women are usually paid "end of month" bonuses, but many also get "end of year" bonuses. That could mean 2 bonuses for the salesperson, so he/she will do whatever they can to put you in a car.
  • Buy on the last (2) weeks of the December. Who is thinking about buying a car when everyone's focus on Christmas? Trust, I did this and it worked out great. They were desperate.
  • I think there is no specific year, it depends on the market availability. Its best buy new car when its already paced out or not hot cause you can have for a cheaper price.
  • It depends on what deals are being offered and who you know. Any time is a good time if you can buy a car from a family member if they're a sales person of course.
  • If you don't have a lot for a down payment, GM's 72 hours of 0% finance charges was a great time to buy a car a couple of months ago. In late August/early September the end of year models are being cleared out, so it's also a good time to buy.