Repossession

If the repossessor has a written assignment from the lienholder to repossess the vehicle for nonpayment, 9 out of 10 times, the police will allow the repossessor to take the vehicle.

No, Use of a Police Officer or Police involvement in self-help repossession introduces the state into a civil matter and provides the foundation for a wrongful repossession suit against the Secured Party, the repossession agent, the police officer and the police department.The authority to use Self-Help repossession is granted in the UCC 9-609 and Comment 3 of 9-609 specifically states "This section does not authorize a Secured Party who repossesses without judicial process to utilize the assistance of a law enforcement officer."Simply put if you want to use a police office to assist in a repossession you better go to court and obtain a Writ of Replevin/Sequestrian first.

They cannot so long as the Bankruptcy is active. As long as Bankruptcy procedings continue, you and your property are protected by the automatic stay. Lenders cannot move to secure collateral until after the stay is lifted when the BK is discharged or dismissed. Once this has occurred, if the payments are not current on the vehicle and it was not reaffirmed in the BK, then the lender may take what means are necessary to secure their colateral. If the property was included in the BK, the trustee will have you make arrangements to turn the vehicle over.

Pay off the lien holder.

By definition, stealing is illegal. If you trespass to steal the sign, that would be an additional charge that could be filed against you.

It depends on local state law. Each state sets its own requirements for obtaining a weapons permit, however, in most states, and possibly all, that issue weapons permits, a felony of any kind is a disqualifiction, regardless of when it happened unless your gun rights have been restored.

CALL the LENDER to find out exactly how much it will cost you. 4-9-623. Right to redeem collateral. 2. Redemption Right. Under this section, as under former Section 9-506, the debtor or another secured party may redeem collateral as long as the secured party has not collected (Section 9-607), disposed of or contracted for the disposition of (Section 9-610), or accepted (Section 9-620) the collateral. Although this section generally follows former Section 9-506, it extends the right of redemption to holders of nonconsensual liens. To redeem the collateral a person must tender fulfillment of all obligations secured, plus certain expenses. If the entire balance of a secured obligation has been accelerated, it would be necessary to tender the entire balance. A tender of fulfillment obviously means more than a new promise to perform an existing promise. It requires payment in full of all monetary obligations then due and performance in full of all other obligations then matured. If unmatured secured obligations remain, the security interest continues to secure them (i.e., as if there had been no default).

If a creditor files a motion for relief from stay in any bankruptcy proceeding, the papers should be served on the debtor's attorney of record.

== == state.al.us Affirmed. The repossessor was acting as the lenders' agent; it was not seizing the vehicles for its own benefit, so the FDCPA is not relevant. ARB was acting as a constructive bailee for the personal property found in the vehicles. Under the common law, the bailee does not acquire a lien in the bailed good and so has no right to its possession. However, there is a right to compensation for reasonable expenses in taking care of the goods until reclaimed by the owner. If such compensation were not allowed, there would be no incentive to protect the goods. Nadalin v. Automobile Recovery Bureau, Inc., - F.3d - (1999 WL 130194, 7th Cir.) or 169 F. 3d 1084 (7th Cir., 1999)

Yes, until you actually make the payment and the lender contacts the repo company and cancels the repo, we will still take your car. Unfortunately for you, one of the excuses that the repo man hears the most is "I have the money and I'm planning on making my payment tomorrow." If we let everyone keep their vehicle that told us that, we'd never make any money. This is not saying that you weren't going to make your payment, I'm just saying that we hear that a lot and most folks that use that line have no intention of making their payment the next business day like they claim.

No. You may own the car but you were not operating the car at the time of the violation.

This is a type of agreement used by lawyers in the UK for No Win No Fee type cases. If you have an accident and the lawyer believes you will win, then the agreement, allows for an insurance company to pay legal costs in the event of loosing, and if you win the defendent pays. You can learn more on www.helpwithyourclaim.com

yes you can go to jail for stealing a car,

The events asked about are described in terms that are too general. Describe what actually occurred. What was the "physical threat?" Describe the "physical restraint" that was used, and why.

Reinstatement Value is defined as the replacement price of the comodity / structure as on the date of valuation without depreciation. - SANDIP KUMAR DEB MRICS, sandip@valuerdeb.com

no

Yes, the bank can repo the car but only if you were not making the continued payments on time. I would request in writing by registered letter a breakdown of what you owed and paid up to the time of the letter. In turn, start putting all your cancelled checks and/or your bank statements together proving you made all the payments you have made. When you get the breakdown--match your checks to the payments and see where you or the lender went wrong. If there is any discrepancy then make copies of your copies and again send your paperwork to the same person who sent you the breakdown. Call that person and work to resolve the issue. Once you get it worked out--see if the bank will rewrite the balance you owe (if any)into a new contract that you keep this time. This will improve your standing with the bank and your credit. Good Luck

I AM WELL INFORMED THAT AFTER 6 YEARS THE CCJ IS REMOVED FROM THEIR FILES.

The lien will be "notarized" (rendered enforceable), when it is filed with the clerk of the court that holds jurisdiction in such matters.

Loan means credit when you loan to somebody giving that somebody credit. You are the loaner and the person given credit is the Lonee. Loaner is the lender and the Lonee is the borrower.

An absolute answer depends on your state law. Generally, the person/company suing you has no legal interest in your car until they get a judgment against you and file a lien against your property (unless they are the car finance company or you voluntarily gave them a lien on your car). So if you transfer it before the case is over it cannot be attached by a later judgment lienholder. However, anybody harmed by a transfer can get it invalidated under your state's fraudulent conveyance/transfer act. A transfer of property after a lawsuit begins would be a factor indicating that it MIGHT be fraudulent. If you can show that the transfer after a suit is filed did not hinder the person/company's collection rights, the transfer should not be invalidated. Depending on your state law, you could show this in many ways. For example: (1) the transferee had a legal interest in the property equal to what was transferred (i.e. when you bought it you agreed that it would be owned by both of you -- thus he had a pre-existing legal right to sue you for his half). This argument would be very strong if he paid for half, or his half was a marital gift (you gave him half because you love him), or you live in a community property state and it was bought with marital funds (money received after you were married). Even in non-community property states, the law may give a spouse an interest in property bought with marital funds. (2) the person/ccmpany could not attach the car (check your state's exemption from attachment provision). If the car is exempt from attachment (which it is in many states) it is impossible to defraud the person/company by its transfer. (3) When you transferred the car, you had other assets having a value that exceeded what you owed the person/company. (4) Anything else showing the person/company is in no worse shape as to collecting than he was before the transfer. Check your state law. Remember, if you transfer the car, it will require the person/company to file another court action (fraudulent conveyance/transfer action) before they can get your car. So they'd have to win the first case, then file and win another. If you don't owe them much, and/or they think you have a good defense to fraudulent conveyance/transfer, they may not even try. Other input from FAQ Farmers: * Do you mean like having an accident? Or being sued for owing money? If you owe money on the car, it will still be repo'd if you default, whether or not your husband is on the title. If you are being sued and the car is paid for, but you can't exempt it, it is considered an asset by the court trustee. It could be sold if they think they could get enough money to pay the debt. If the suit has been filed and you try to protect the car by putting him on the title, that is fraud. I am not sure what the penalty would be though, probably losing the entire amount the car is worth, or something like that. * Adding your husband's name to your car has no effect on the outcome of a suit against you, unless you live in what is known as a "community property" state. I believe that is what you are thinking of. In a community property state (this is my personal opinion only, but it arises out of my experience) if the car was bought with "community" funds (funds brought in after the marriage) a suit against you alone would not force you to relinquish your car, as half of it belongs to your husband. But if you bought the car on your own, you might be forced to relinquish it. You should probably see a lawyer. Bankruptcy laws are federal and apply to all states, but community property and credit card debt actions depend on the laws of your own state. Have you contacted the credit card company to try to work out an arrangement with them?

there are many and not listed in one place, start here. CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS 400 R Street Sacramento, CA 95814 (800) 952-5210 (916) 445-1254 TDD: (916) 322-1700 email: dca@dca.ca.gov

If you have made no effort to contact any institution you owe money to and you have been missing payments several times, yes, they can repossess your car. That's why we sign contracts. I would meet with the Manager of the company and try to come to some agreement and then stick to your promise. Most companies don't want to repossess so you might get lucky. However, be warned, if the Manager gives you another chance you stick to it! Good luck Marcy

The law on this varies from state to state, but in general, a vehicle recovery agent has to be licensed by the state they do business in, and have liability insurance and be bonded.

They act on behalf of who ever gave you the loan to buy the car. If it was a bank or a credit company or a car dealer, they OWN the car until you pay it off. If you don't make the payments they take THEIR CAR back, using a recovery agent, who gets a warrant of recovery from the courts to enforce the recovery.

Aa a gesture of good will, most recovery agents will let you come to a neutral place, and collect your personal property, as long as you are polite and respectfull to them. I use a video camera, with time and date on the screen, to establish exactly what is, or is not, in any car I recover. That protects me against false accusations by debtors.

If the creditor wins a lawsuit judgment against the debtor he may be able to execute it against a vehicle belonging to the debtor defendant. States establish vehicle exemption which are to be used to prevent a forced sale by a judgment creditor. Judgment creditors however rarely take such action, as the seizure and sale of a vehicle is complicated and seldom worth the effort needed. Creditors prefer to execute a judgment as wage garnishment, bank account levy or a lien against real property as means to recover debts owed.

They will use any means necessary to take your car. If it won't cause property damage, then they have no problem with just opening the garage and taking it away. Whether it's legal or not, it would be their word against yours in court.