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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 absconding?

Absconding is an instance in which someone hides or goes into hiding.

Can you get your money back from a private person if the car broke down after going only 90 miles one day after buying it?

It depends. Did you buy the car "as is" or was there a warranty implied? Does your state have a used car lemon law?

If you bought the car with a warranty, then you probably would have a chance in small claims court to get your money back. If you bought it "as is", you're out of luck. Did you have a written "bill of sale" when you completed the deal? This is where the warranty or as is would have been listed.

Find out what car dealers don't want you to know at www.dealertricks.com

The Advantage in buying a used car from a dealer is that he "Must" do and check many systems on the used cars. They really have no interest in selling cars with problems. As far as dealing with a "private party" It is only allowed to sell a car "as is" in California for parts only. Also the seller is responsible for smogging the car, not the new owner.There is no protection on a private party transaction. For one thing the problem could have been the new owners fault, as the car was running when you purchased it?. In the future when buying a used car, it is well worth the $50-100 to have the car checked out by a Mechanic (or CSAA offers this service for their Membership) before handing over hard earned cash.

If you buy a car then a month later you no longer want it but can't return it can you trade in the car or sell it while it still has temporary tags?

Yes. The only concern is how quickly your state processes titles. Some states will issue the new title in a few days, some in a few weeks. However, which ever dealer you trade the car into should be able to take care of it all for you. If you sell it on your own, you may have to do a little more work.

How do you obtain belongings left in a reposessed auto?

Contact the lending institution and they will direct you to the repo co. who picked up your vehicle and you can make arrangements with them to get your belongings but dont wait to long because they wont hold them forever.

What do you do if a warrant has been issued for failure to return a repossessed vehicle?

Answer

The only option is to obtain legal representation as soon as possible.

Once a warrant has been issued by the court the person named is subject to arrest without notice.

The involved party might also wish to have a relative or friend ready to post bond, unless the warrant is for contempt of a court order in which case bail would not be an issue.

ANSWER

The best thing to do is return the vehicle, if you do not have the vehicle obtain an attorney or you can request a court date to go before the judge to explain the situation. "Warrants" are not issued for failure to return a vehicle, body attachments are issued, meaning a court can hold a subject to the first available court hearing. This is not a criminal complaint, but a civil complaint and just appearing in court or maybe filing an affidavit (depending on location) can resolve an issue.

What is lololol?

LOL means to Laugh Out Loud by adding more LOLs' it emphasising the laughter

What is the mechanics of a car jack?

There are a number of different types of "car jack" in use. One is hydraulic. They come in the shape of a bottle, or are built into a trolly (the "floor jack") or the like. By operating the handle, which is a lever (a simple machine), fluid is compressed and routed to an actuating cylinder. This results in lift. (More on the principles involved can be found in other questions on this forum dealing with hydraulics.) In a friction jack, the handle (that lever) lifts the load by simple mechanical amplification. The handle provides mechanical advantage. A lot of handle movement on a lever with the fulcrum right up against the load side of that lever will translate into lots of amplification. True, the load only moves a little bit, but that's the trade off; that's the way a lever works. We exchange the extended application of force on the handle to concentrate that force on the load and move it only a little bit. When we release the pressure on the handle, a "wedge" jams the load on the lift shaft so it can't go down. We can then reset our handle and apply another increment of force. Short or long strokes of the handle can be used. The original Volkswagons came with this kind of jack. Another type of jack similar to the friction jack is a ratcheting jack. It uses "steps" in the jack shaft and a little spring-loaded arm, lever or cam (a pawl) which swings into place to prevent the lift body from sliding back down the lift shaft after each lift increment. This jack "clicks" at each full stroke of the handle. A complete stroke must be made to lift the load to the next "step" on the jack shaft. This is a feature that makes this jack different from the friction jack. The handle-as-a-lever idea remains the same. In the scissors jack, a long screw (which is an inclined plane - another simple machine) is turned with a handle. On one end of the screw is a collar that fixes the screw in place but permits it to turn within it. On the other end is a nut, a threaded receiver for the operating screw. Turn the handle in the correct direction and the screw threads itself into the nut. This pulls the middle of an articulated frame together and forces the ends of the frame apart. On the ends is a base, wich is put on the ground, and a "pad" for use on a "hardpoint" on the underbody of the vehicle being lifted. There are a couple of other types of jacks (like an air jack that uses compressed air to inflate a bladder and lift a load) and also variations on the theme out there, but they are uncommon. Additionally, an electric motor, compressed air or hydraulics (or a combination of these) can be used to drive a friction or screw jack. We can use compressed air to drive a hydraulic jack so all we have to do is squeeze a little lever to admit compressed air to the primary side of the hydraulic system. This would be called an air over hydraulic jack. A look at any large automotive parts and accessory supplier's catalog (there are a number of them posted on the web) will allow an investigator to actually see the different types of jacks, though the operating mechanisms probably won't be visible. Hopefully this explanation and the pictures will permit said investigator to noodle out the way the jack works. Think it through and it should be something that can be understood without a lot of difficulty. Certainly a peek at the jack in your current car (or the family car) may be in order here.

I am selling my car and my ex husband's and my name are both on the title. Does he have to sign it too?

Yes he does.

He does if the title shows his name AND your name. For example, Mr John Doe "AND" Mrs Jane Doe. If it shows his name OR your name, then either of you can sell the car without the other signature.

Do you have the right to refuse a payment if lien holder refuses to give recipt on payment?

No! But there are was around it, use a certified or cashers check so that you have proof that it was paid, send it certified mail so that you can show it was signed for etc.

What is an auto lien?

An auto lien means that another person has a claim to the auto too. It is not owned outright.

Auto liens are usually entered into when an auto purchase is financed through a bank or other creditor. These are mutual agreements made during the sale and the lien is entered in the county recorder's office for the record. If you wanted to sell the auto before fulfilling your loan agreement and having the lien discharged, then the 1st lien holder (usually the bank) has specific rights to any proceeds from the sale before anyone else, including yourself.

You agreed to let your husband wait to pay the alimoney he will owe you after your daughter get grown How will you be able to enforce this order to make him pay what he will owe you?

Have the court order alimony paid at the rate of $1.00 per year until your daughter reaches the age of emancipation. At that time the order should state that on such and such date(day after the emancipation of child), that the $1.00 payment of alimony shall immediately be modified to the increased amount. Make sure you get your payment by income deduction order if your state allows it.

Is true if you make out with someone you get mono?

Making out does not cause mono to spontaneously appear, but if the person you are making out with is infected, there is an extremely high chance that you will catch it as well.

Your car is being repossed after being one month late in NC Do you have to give it to the repo man out of your garage if he does not have a court order?

Immediately call the lender and try to work this out. 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.