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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

In ga if you have a firearms permit do you have to conceal your weapon in public?

If you have a concealed carry permit, you do. If you don't have specifically a permit to carry concealed, then you can't carry a pistol concealed. Most states which have concealed carry legislation either prohibit open carry, or else have laws on the matter which tend to be a bit ambiguous. For example, it may be legal, but it may also be accompanied by "menace to the public detriment laws" which make it illegal once someone sees you carrying openly, feels uneasy about it, and calls the police.

Can you pay off your car soon after filing bankruptcy?

Your question is not trivial, and there may be some variance due to asset equity thresholds and such parameters set by the state of jurisdiction for the bankruptcy filing. An excellent primer about filing chapter 7 or 13 bankruptcy is "The New Bankruptcy, will it work for You?" 3rd edition by Stephen Elias, published in 2009 by Nolo; 346.078 E42N Dewey decimal.

Is Talbots filing bankruptcy?

I have been employed by Talbots for a year and a half in one of their retail stores and we have been reassured that they have no intention of declaring bankruptcy. Neither do they intend to close most of the stores, as has been rumored all over the internet. Please visit our website and see how many jobs are currently available within our company. Also, we have plans to open 21 new stores in 2009!

What is a Criminal lien?

A criminal lien is specific things that someone cannot do. This could be that a person cannot move out of state, cannot sell personal property, or probation.

Where is the cheapest place to get a good used car in Detroit Michigan around 800?

When I lived in Detroit, 2 of the best places to lok at or buy a used car CHEAP was along Livernois Ave. between W. Warren ave. all the way north to about 7 or 8 mile road. Another place was along Michigan Ave. between Telegraph Rd. heading west to about Wayne Rd.. Both areas had a lot of small car dealers that you could bargain with. Alot of them did their own financing. But as always...Buyer Beware...and as always... you get what you pay for. Good Luck.

Mark H.

What does filing bankruptcy do?

Filing bankruptcy stops all debt-collection actions, whether phone calls, letters or lawsuits. including repossessions, foreclosures and attachments or garnishments. If the case is a c. 7, there is a "341" meeting, where a trustee examines the debtor under oath as to his/her assets and income and certain kinds of pre-filing activity. If there are no problems, you receive a discharge, which permanently prevents all collection actions on the discharged debts.

If it is a c. 13, there has to be a plan, and if the plan is approved and completed, you will get a discharge, as well as getting caught up on all secured debt arrears.

Does the repossession company have to notify the police that they are repossessing a car before they take it in Texas?

nessa, who's "version" of the law do you want?? the local cops who like to protect their cousins, etc and make up local rules as needed? Or the repomans version??I NEVER call in unless I have something to call about. And when they want me to stop by so they can get a copy of the paperwork, I ask for their fax # and tell 'em I'll fax it when I get to the ofice. Seems like I NEVER get back to the office. I don't see local PDs needing copies of CIVIL paperwork. Good Luck and BE SAFE

in Massachusetts state law chapt 255 sec 13j it states " any secured creditor obtaining possession of a motor vehicle under the provisions of this section shall,within one hour after obtaining such possession, notify the police department of the city or town in which such possession occured, giving such police department a description of the vehicle involved." but this is in mass not Texas.. i wonder what happens if they fail to notify the police department. get away with it I'm sure... slimeballs

How will filing for bankruptcy help before your car is repoed and if you are not able to file in time how soon will they garnish your wages in Ohio?

"How will filing for bankruptcy help before your car is repoed? As soon as the B/K is filed, an AUTOMATIC STAY is in force. lenders must stop ALL collection efforts. If your not able to file for bankruptcy before being repoed how long will it take for them to garnish your wages in Ohio. ": That will depend on how quickly the lender files the paperwork, the court gets to it,ect. Guesstimate?? 1-6 months.

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 an apartment complex tenant allows a repo man into a gated garage or a repo man follows a tenant inside while the gate is open is that considered a breach of the peace?

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.

Answer

Ok 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...

Answer

I 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.

If a car was not included in your bankruptcy but you later change your mind and decide to stop making payments can the lender have a judgment issues for the balance?

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?!

I had work done on my car and have not paid it in full. The owner of shop refused a part payment and started proceedings to place lien on my vehicle. Can he do that?

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.

Is there any finance companies out there that will let you refinance while in Chapter 13 if it is not closed?

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 you need to sell your joint-owned house in Florida but you have a judgment against you not a lien will you have to pay the judgment first?

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

Where can you get a free bankruptcy evaluation by a local attorney and information on filing for chapter 7 or chapter 13 bankruptcy?

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 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.

During a foreclosure if your house is sold for less than you owe can the bank come after you for what is leftover?

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.

How long can a vehicle sit in your yard after a notice of repossession before you can claim it as your property in North Carolina?

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.

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