Can they repossess your car if your bank account is in the minus?
To my knowledge, the lender can ONLY repo when the loan is in DEFAULT. Does your acct. being minus put you in default????
IF the agent is ALLOWED in by owner or tenant, NO. IF they break in, YES. If that was the solution to stopping a repo, all the gated communities would be full of probable repos. Then the communities would want you to move because if you cant pay your cars payments, you likely wont pay the rent either. The gates are to keep out folks with NO LAWFUL reason to be there. call a local attorney for state/case specific advise.
AnswerOk here is the deal with breach of peace in this situation.A repo guy cannot trespass as he did in this situation but unless you call the police and they come in time you are out of luck.A breach of peace is just like a disturbance. If you had called the police and said some one is stealing my car they would probably tell you sorry it is being repoed,this is because the lender requires the repo guy to let the local police know they are repoing a vehicle however if you call the police with a trespass, unknown intruder or assault etc. the police will come and that could be considered a breach of peace. Repo guys lie to people and tell them if you call the police, the police will arrest you to scare them into not calling the police. Because of this Repo guys get away with all kinds of illegal activity such as damaging your property, assault,trespass the list is endless just cruise this thread. If you don't sue the lender or call the police to enforce your rights you are out of luck.You cannot be arrested for not paying your car loan period!! Having said all that it makes more sense to pay your loan,sell your car whatever you need to do to get your finances straight. Let's assume you dodge the repo guy once or twice or even get him thrown in jail that won't solve your problem, the lender will just find another...
AnswerI repo for a living. Let me be clear. The repo man is allowed to come onto your property, this includes rented, to obtain the collateral. Gated or not. We cannot break a lock, but we can come on your property. When you signed the contract, you gave us this right. A trespass sign in most states means little to begin with but it doesn't apply to us, because we are not trespassing. In my state, you can legally tell the repo person to get off your property. But they can legally come right back, because we are allowed to be there. Because of this, it is not a breach of peace. Breach of peace means something was broken or they made contact with you and you fought with them. Honestly, most cops hate you when you call because repo is a civil matter. There are people being robbed and kids kidnapped, they don't care about someone who is trying to get out of turning over their collateral because they won't pay there bills. You'd be surprised how many cops refuse to help or tell the debtor anything just because they're super annoyed you called them. And as for the guy's comments below, that is not really true. Maybe some repo people, but it isn't the norm. Finance companies will ditch any repo company that gets too many complaints of illegal activity.
No, the police will not come to a debtors door and arrest them for not giving up the car. If the repoman does not damage the gate going into the gated community then he is legal to do so. A repoman is required to call in the repo after he has done the repo. If the repoman is still on the property while the police are called (private property, not a complex) then the repo is done. If he is in the street when the police are called, well, you should have dialed faster.
I DO NOT KNOW WHAT STATE YOU ARE FROM OR WHAT ATTORNEY YOU HAD. I KNOW MY CAR WAS LISTED AND I MADE PAYMENTS... BUT I KNOW THAT IF I MISSED PAYMENTS, THEY WOULD TAKE MY CAR... SO,NO...IT IS ILLEGAL FOR THEM TO ASK YOU FOR ANY PAYMENTS AT ALL. HOPE IT HELPS?!
Yes. Simply because the car is registered in both your names.
How long does a tow company have to wait to put a lien on a vehicle when tow by law enforcement?
90 Days
Yes. He does not have to accept a partial payment.
Yes. He does not have to accept a partial payment.
Yes. He does not have to accept a partial payment.
Yes. He does not have to accept a partial payment.
call the cops and some big budies
While participating in a Chapter 13, all major financial transactions must have the approval of the BK trustee before they can be entered into. In most cases if a vehicle is needed for the person's employment or family safety the purchase will be approved for a specific amount. Finding a lender however is another issue entirely and can be quite difficult.
If the judgment was not perfected as a lien against the property (which is almost impossible in Florida), the property is not encumbered and the title should be clear, thereby not causing a problem with the sale. The judgment holder will probably be able to execute the judgment as a bank account levy and/or seize funds garnered from the sale of the homestead.
Can you put a lien against company equipment for wages owed?
company owes me $1200 wages have not paid me 9 wks went out of buisness selling semi trucks want to put lein so I can get my money
Just call the bankruptcy attorney's network at 877-530-8616 and they will hook you up with a local attorney in your area that gives out free bankruptcy evaluations.
Can police impound your car if you have expired license?
If they catch you driving on that expired license, yes.
Can a credit card company take your car in new york city?
If they hold the lien to your car and you default on the loan, they can repossess the car. 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. Remember this repossession will stay on your credit for 7 years.
If automatic stay is lifted what happens next in chapter 13?
Then the secured creditor would most likely foreclose on the property.
Yes. And they normally do...because they owe it to others.
You borrowed money from them and bought a house. You owe them the money. Not the house.
You would have kept any amount you sold it for that was more than you paid...you would not have given them more. You would have paid them what you owed them only.
They did not buy the house, alone or with you.
You probably would have owed them less after all, had you sold the house on your own...because you will owe them all fee's and costs they have to incur to sell the house at foreclosure to recover funds you were to pay, and having to act to do so.
You made a bad investment with money you borrowed. That's all.
Until the DMV will give you title to it. TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: North Carolina Division of Motor Vehicles, Vehicles Registration, 1100 New Bern Avenue, Raleigh, North Carolina, 27696. Tel.:(919)733-3025. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Title and Repossession Affidavit, Out of State Repossession titles and affidavits are accepted. PLATES: Remain with the debtor. Give them a call.
They can charge storage from day ONE of the repo. Read your contract. MERRY CHRISTMAS
That last answer is only partially correct. In California repo men are required to send you an initial notice that has to have some specific things listed in it. Its called the notice of seizure. One of the things is that they have to tell you the towing and storage fees associated with the vehicle. That first notice (which must be given within 48 hours of seizure unless part of that 48 hours is a Sat. or Sun. the they have 72 hours to notify you) allows them to charge for the first fifteen days. After that initial notice they are required to mail you another notice, certified mail, before the fifteen days expire in order to be able to to charge you for more than that first fifteen days. If they dont mail that second notice then they can only charge you for fifteen days. If they dont mail you the first notice telling you the charges then they give up any right to any compensation for storage or towing
How do you pay for your Car on chapter 13 Does the monthly payment stay the same?
Sometimes. You have to pay your debts, you are just given time to do so where they cannot seize the asset. The payments themselves may be budgeted differently.
Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time.
Another advantage of chapter 13 is that it allows individuals to reschedule secured debts like cars (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments.
Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers.
Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.
Is there a law in Florida that allows auto repair shops to charge for shop supplies in the bill?
Yes it is mentioned in Florida State Statute number 559.905 (h). This regulation mentions that "The estimated cost of repair which shall include any charge for shop supplies or for hazardous or other waste removal."
Is hiding a vehicle from repossession a crime in South Carolina?
If you are intentionally concealing property from the lawful owner, then you have 'converted' it to your own use, which is illegal. You do not "own" the vehicle, you are only being "allowed" to use it by the owner, as long as you continue to pay him for that privilege. When you stop paying (for whatever resason) he has every right to take his property back.
Can a bank freeze all your bank accounts after a repossession?
A bank can take the money you have held in its accounts if you owe it money. Even in a bankruptcy, you need to pull any money out of the banks you owe money to.
NO, unless you give them permission to in the contract. I don't rem the term for it,its not vey common. That's why you have to actually READ the fine print in the contract you sign.
Unless it is in the contract they can not do it..If they had a judgment that would be a different story. Then what they would have to do is, get a order of execution against the account then they would be able to take they money..actually the court officer would go and take its fee, and then take all the money from your account and freeze the account for 30 days....Bank levy....
How do you repossess a vehicle in Texas if you are an individual lienholder?
The same way a loan company does, HIRE a REAL repo agency to do the job.
What license or licenses you need to start your own repossession agency or business in Indiana?
Indiana Bureau of Motor Vehicles, 100 N. Senate Ave., #401, Indianapolis, Indiana 46204. Tel:(317)233-6000. I bet they can help. Surely you need a TAX license so you can pay sales tax. IF you are in the city, Im sure they will want a little bit every year for something. Good Luck