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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 many hover cars have been made?

As of 2010, no hover car has ever been made and sold to the general public.

There have been hovercrafts built, as well as experimental hover vehicles, but no true hover cars and certainly none for the public at large.

Can someone purchase a car while filing chapter 7?

You can purchase anything you want. Getting a loan may be another question entirely (that is likely no, as your credit is probably bad already). Just say it out loud...."does it make sense that I would get more debt before filing bankrutpcty"? Or even - "does it make sense that I could buy something and keep it before filing bankruptcy?" Rememeber any transaction done for several years before BK is able to be reversed, or set aside and not given protection, or even found to be done as an attempt at criminal fraud. A short, rough primer: BK is always done under FEDERAL Laws, in a Federal Bankrutpcy Court. Basically State makes little difference. (Yes the BK Courts operating in certain areas have certain special exemptions and such, minor in the overall, generally intended to make things adhere to the local laws and customs better). In a personal bankruptcy, YOU go bankrupt. Not a debt, not a loan...not a car...not a this or that. ALL of your assets, of all types, MUST be disclosed and reported in BK, and ALL of your liabilities/debts must be too. No exceptions, no picking and choosing. They are all, always involved in some way.The court will then order each of them in priorities according to the laws. Some things may be exempt from use or discharge (like your personal furntiure and retirement accounts are exempt and child support cannot be discharged) - and the rest may be used. With one to pay the other. (All possible creditors are contacted and asked to say what they are owed....you may be required to even take advertisments out to make sure everyone is notified). Any deal you've done for several years is open to scruitiny and review. The court can reverse them, take them out of the BK, or even have them prosecuted as trying to defraud your creditors. (So, no you can't sell your boat to your brother and then declare BK). Debts secured by an asset (say a car) have first call or right to the money received from that asset. If it isn't enough to pay the debt, the remainder of that sdebt becomes a general or unsecured claim against the BK., and has a chance to payment on that level too (albeit a lower priority than those who have yet to receive anything). The end/remaining amount that can't be satisfied is generally discharged by the court...meaning you no longer owe it. You get a fresh basically debt free start....many of those you owe don't get paid what they had expected and relied on, if anything. There are many other considerations too. BK will severly hurt your ability to get credit for a very long time for example. It is on your credit report for at least 10 years...and employers refer to that too, as do landlords and more. Many do not rust people with bankruptcies in their past, especially in the last few years. Many more things. Not disclosing all items is frequently trie and easily discovered, in which case - as you are swearing under oath to the court you included all info - your case is dismissed, and regularly, fraud charges are pursued. (Courts don't take to being lied to well). The courts, Judges, laws, bankers, all those zillions of attornies, etc, have been through this thousands of times for many, many years. The processes are fairly well worked through and prepared for tricks and games. It is unlikely you would discover one that hasn't been tried a zillion times before! The Cos that claim they can change your record, or make magic happen (either before or after BK), are scams, and getting caught doing something unsavory (intentional or not), other than screwing up your bankruptcy filing, is frequently considered and persued criminally. (Think your financial troubles are bad, try adding in criminal ones). The legal process and system is demanding even for those experienced with it. Many of your creditors will have an attorney to assure they get as much as possible, even groups of lawyers, who specialize only in bankruptcy. Simply you should/better/need to have one too.

What can you do once you have signed the bill of sale for a branded title and didn't know?

Well. the short answer is you don't sign a bill of sale until you look at the title. If it's a private party sale, probably not much you can do. Live and learn.

What are the Ohio reposession laws?

there are no Ohio repo laws aslong as you don't breach the peace.

I am a professional repo man

I'm wondering on how you can go to auto auction for dealers with out a dealers license basically i just want to buy and sell cars out of my backyard like 1 at a time is this possible?

You have to preregister at dealer only auctions and provide your dealer number to the auction. So you may want to look at public auctions which you can get deals at on occasion.

What would allow a debtor to repossess a car while in a stay under a bankruptcy?

Depends how the bankruptcy was set up and whether the car was listed. There should be some consideration in that case as to whether you can make the payments, or not.

Are websites that sell lists of auctions where cars are sold cheaply worth the subscription price?

In my opinion "ABSOLUTELY NOT". I can give you a list for free or you can look it up yourself online for your specific area. "DO NOT BUY"

How long do you have to wait to trade in a new car?

Generally only as long as it takes for you to get the completed title transfer into your name........... But you do realize that depreciation will be what will knock your socks off with this decision....

If you have the papers of the car and its all legal you can trade it in but the value of it is much less than the price when you bought it.

What is the rank structure of a sheriffs department?

No one answer- varies department to department. It may be a large complex agency, like the LA Sheriff's Dept, or a rural county with a Sheriff and an Undersheriff.

What to do when a landlord steals personal property when you are in between moving to one of his other properties?

You do what you would do when any theft occurs; you file a police report and have him charged with theft. Now because he is still your landlord, you might approach him and ask if you can have your property back before you involve law enforcement. Either way, you might want to consider finding a new residence.

Can you get a check from a claim to you directly when the car has a lien holder?

No. If processed correctly the check will be made out to you and the lien holder.

No. If processed correctly the check will be made out to you and the lien holder.

No. If processed correctly the check will be made out to you and the lien holder.

No. If processed correctly the check will be made out to you and the lien holder.

What is the law that governs Arizona repossessions?

http://www.azleg.state.az.us/Search.asp Uniform Commercial Code

Can a car be repossessed AFTER chapter 13 filing in Missouri?

Yes. Only if there was a relief of stay issued for the vehicle or you signed a reaffirmation for the vehicle loan and didn't make the payments.

What are the laws on repossession?

We live in the state of Ga, and had been late many times up to but no more than 15 days late on our vehicle. Repo man showed up this last time as we were only 12 days late? Our lain papers say as long as we werent 15 days or more late??? whats the deal?

When filing for bankruptcy and including the car how long is it before the creditor collects the car and how does that work?

The loan company can repossess any car that the payments are delinquent on. Your BK does not prevent repossession of your car.

What is wrong with the car if the malfunction indicator lamp comes on and the car starts shaking?

There could be many problems with your car depending on the code. For instance, you have to go to a mechanic or car shop for them to hook this plug up to your car. It will give you a code and that code will tell you exactly what is wrong with your car. The MIL came up on my car before and I had to change the thermostat of my car. Once you have the code, you can just google it and it should tell you the problem as all the codes are generic. Hope this helps.

Liability of collateral after repossession?

After the repossession you will not have the collateral. The collateral will be sold. 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.

If you have the title to your car can someone put a lien on it?

Yes, if you left it for repairs in a shop and did not pay for repairs, they can put a mechanics lien on it, also if your car was towed and you did not take it out of storage they can put a storage lien on it. Sometimes even when you finance a car if they accidentally forget to add a lien and you receive the title, they can still add the lien with the contract or agreement they have signed by you.

Can a bank repossess a car if taken to dealer for repair?

A dealer will never repossess, UNLESS they are also the financier. most dealerships sell the loan to a bank, whom you make payment to... this bank will be the "reposseser". Now, that's not to say that the bank will not notify local dealers to be on the lookout for a car they are actively chasing to repossess, but most of the time they will just come to your residence to serve the repo. I have never heard of a dealership doing so, because most banks have folks that can get your car by other means if they want it back bad enough.

What if you suspect the dealer lied about the car?

Find another dealer. Find out what car dealers don't want you to know at www.dealertricks.com ^^ are good advices. The good thing about having the internet today is that information is very accessible. You can browse cars classifieds and research about a car before going to car dealers to have a knowledge or background about that car. You can get a car pricing and car value by searching it in the internet.

Are you required to pay the repossession fee in Texas?

Yes, you are required by your contract to pay any fees applicable to your account. You will pay the repo fee either by paying directly to the repo company before you redeem your vehicle or the bank will pay the fee and it will be added to the balance owed. So, either way, you will pay it. Check your finance contract.

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