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.
What is a contingent fee agreement?
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
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
Is it legal for a repossessing agent of a vehicle to physically threaten or restrain the owner?
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.
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
How long do a county court judgment last for?
I AM WELL INFORMED THAT AFTER 6 YEARS THE CCJ IS REMOVED FROM THEIR FILES.
Do mechanics lien waiver need to be notarized in Colorado?
The lien will be "notarized" (rendered enforceable), when it is filed with the clerk of the court that holds jurisdiction in such matters.
What does Loan mean when you loan money to someone?
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.
If you add your husband's name to your car will that affect the outcome if you are sued?
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?
What are your rights in California after your car has been repossessed?
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.
Can a creditor force you to sell your car?
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.
Can a car be repossessed in Pennsylvania from a closed but unlocked garage?
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.
ask the DMV
Yes. The repossession fee is like a tow bill. They did pick up the vehicle. The storage fee is the time it takes to get the vehicle off of their lot. Each day adds another day of storage fees.
What happens when Bail bondsmen does not return money owed to client?
Good luck, bail bonds companies can be shady, i know i work in the bail industry.
If you live in California file a complaint with the department of insurance.
If you do not, find out who regulates the bail bonds in your state and file a grievance.
your best bet for results.
Remember the bail bondsman usually has all your personal info. You screw him and
what do you think he's going to do with your social security number, address, phone number...you get the idea.
To put the public on notice that a specific party has an interest or that there is some other event effecting the chain of title.
What are my rights if a commercial vehicle is illegally repossessed?
Well, first, you'd have to explain how the repossession was illegal. There really isn't any such thing as "illegal repossession"... repossession is a legal process by which a lien holder can recovery property which does belong to them in response to a delinquency of payment or violation of the contract.
A vehicle which has no grounds for repossession but was taken was not repossessed - that's theft, plain and simple, and if that's the case, then you'd file a police report, an investigation would commence, arrests would be made, and you'd either recover your vehicle or get an insurance payment if the vehicle was unrecoverable. I'm guessing that's not the case, since you're asking this question here.
State laws on time which a delinquency must continue for before seizure of assets can be made varies by state... if this law was violated, then you're going to have to lawyer up and take the legal route against the lienholder (the repossessor is not liable in this instance, as they are contractors following the instructions of the lien holder).
A criminal act on the part of the repossession agency has occurred if...
How do you make a phone that's reported stolen not be on the lost or stolen list?
All your have to do is take out the simms card and memory card and get new ones
I had to do that because i thought it had gotten stolen so i reported it and then i found it and thats what i did
How do you stop lien sale of car?
Offer to pay the loan in full. However, if it has reached the point of the sale you have probably waited too long.
This depends on where you are.
If you are in an area where it is illegal to hide the vehicle from the finance company you will get arrested, the vehicle will be impounded and the finance company notified.
Added: If you have been concealing the vehicle from the creditor and at the same time not beein making payments, the creditor may well have filed a stolen vehicle report with the police.
You have wrongfully deprived the creditor of their property (i.e.: THEY own it - not you). If the vehicle turns up in the police records as stolen they will not only confiscate the vehicle - you could be facing criminal charges as well.