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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

Is it legal to repossess a vehicle of a deployed military person?

Yes.

And, yes, they generally can easily get access to the base to do so. (The base commander virtually always co-operates, and then as required advises others of your apparent problems, which can have a real negative effect on your career (clearances, etc) there). To be clear, being in the military does not mean you don't have to be financially responsible for your agreements or debts. (And amoungst other things, obviously no lender would have given you a loan if your obligation to repay was going to be conditioned on where you were deployed).

What are the state laws for repossession in the state of Virginia?

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 you are behind 60 days your the bank says pay to day or it will be repoed you tell them you can make 3 payments a week from now Can they take the car if you get them the before the repo?

Most people dont know you can ask to pay just the intrest on your car note you can do this three times at most any finance co. Just ask and as long as they dont find the car they cant pick it up but it will take them a little time to go to court and have you turn it over. Get your agreement in writing!!!!!They can tell you anything and still repo especially at 60 days out.

Can a car be repossesed on a bank holiday?

Yes, repo people don't work for the bank, but they get their rewards from the collections agency (or bank) so they will work at any time or day.

Do you receive a check when filing bankruptcy?

Sorry, the question is confusing. In bankruptcy the filer reliquishes all non-exempt assets to the trustee, I have no idea of what type of "check" you could be referring to.

How do you sue the sheriff's department for removing me from your property?

Law enforcement officers are usually well informed on what they may legally do regardless of the situation. Without specific information it can only be assumed that they had a court order or there was a existing law that allowed them to take the action. Suing any government agency is difficult to say the least, and in many instances not possible unless very unusual circumstances, such as police brutality exists.

What do recovery companies charge to repossess a vehicle?

typically it is depending on how much the bank or lien holder is willing to pay...usually though....$200.00...to whatever amount they are willing to pay for premium vehicles and trucks

Is it legal to send money as collateral for a loan?

As far as student loans and financial aid goes, yes. That's exactly what your supposed to do. It's actually illegal not to pay back the loan.

How do you get the ghost adventure crew to come to your home state?

I would say if you want them to come you have to find a place around where you live and prove that there are signs that it is indeed haunted or para-normally active

Can bankruptcy trustee take proceeds of lawsuit settlement 8 years after filing chapter 7 if both lawsuit and bankruptcy were filed around the same time?

The Lawsuit was required to be listed as an asset. If it was listed, and then abandoned by the Trustee, then it is yours to pursue.

If it was not listed, then it belongs to the BK estate managed by the Trustee, until the BK case is reopened and the Trustee determines whether or not it is an asset and how to manage it.. regardless of how many years have passed (because the lawsuit does not belong to you anymore, unless the Trustee makes that written statement that it has been abandoned).

Once a bankruptcy petition is filed and a trustee appointed, " 'the right to pursue causes of action formerly belonging to the debtor , vests in the trustee for the benefit of the estate.' " (Bauer v. Commerce Union Bank, 859 F.2d 438, 441 (6th Cir. 1988)(quoting Jefferson v. Mississippi Gulf Coast YMCA, 73 B.R. 179, 181-182 (S.D.Miss.1986)). )

Accordingly, a bankruptcy petitioner loses standing for causes of action and the estate becomes the real party in interest unless the bankruptcy trustee abandons the claims. (See In re Lopez, 283 B.R. 22, 28-29 (9th Cir. 2002); In re Pace, 146 B.R. 562, 565-66 (9th Cir. 1992).)

Because the trustee controls the estate, the trustee is the real party in interest with standing to sue under any cause of action that belonged to the debtor when the petition was filed. It follows that "the decision whether to pursue a claim or not is vested within the trustee's discretion." (Detrick v. Panalpina, Inc., 108 F.3d 529, 535 (4th Cir. 1997).)

In Colorado does a private person have to follow the Notice to Cure Default repo timeline?

Under state law, where a consumer's default consists of nonpayment, a creditor may not take possession of the collateral (e.g., motor vehicle) without first providing the consumer with one notice of right to cure per 12-month period.I don't see where it defines "creditor" as business or private. Heres the pH # to the AG, call and get a real legal opinion.Consumer Complaint Line - in Denver and Out of State - 303-866-5189

Consumer Complaint Line - Outside of Denver but in Colorado - 1-800-222-4444

Do Alabama repo companies have to notify you before repossessing your vehicle?

The state of Alabama is a self help repossession state, therefore a repossession agency is not required to notify you before they repossess your vehicle. Repossessors are under various state and federal laws and regulations and are prevented from breaching the peace among other things.

How can i find out how to contact the state police station in schiphol?

I want to contact the police station saratove russia for complaint about fraud Thank you Sk Naseem 09421802390 sknaseem@sify.com

Do you have the right to recend on a car in the state of Missouri?

If you are asking if there is a cooling off period on the purchase of an automobile, the answer is NO. There is no return, cooling off period, or right to a refund on the purchase of an automobile in any state. That is a myth.

How is seniority of creditors decided?

The creditors who have taken on the least amount of risk are usually senior to those that have taken on more risk. At the top of the list would be those that extended credit to an institution that has been secured by something, usually real estate, equipment or inventory. These are usually bank lenders. Next you have general creditors. These are companies and investors that have either provided the company with goods and services or purchased bonds from the institution. Further down the food chain you then have preferred stockholders of the company. Last and at the bottom of the food chain are the common shareholders. The common stockholders have taken on the most risk and while they often are able to benefit the most when times are good...they are also the ones that often get left holding the bag when times go bad..

Is it legal to sell horses for human food in the U.S.?

Despite half-hearted attempts to market horse meat in the United States, consuming the flesh of an equine is still considered taboo in this country, even though it is legal.

What chapter of bankruptcy makes you give up everything you own?

Chapter 7 bankruptcy is for an individual, company or corporation and will stop collection attempts in exchange for giving up assets. This type of bankruptcy is for people who can not afford to pay their debts. Sometimes people who file chapter 7 are allowed to keep some or all of their property but what they are allowed to retain will vary from state to state.

Can a collection agency garnish your wages if you cosigned on a student loan?

Yes they can. I have good news for you though. If you can get the borrower to consolidate the loans without your name as a cosigner, then you will be off the hook. I only know of one company that specializes in consolidating loans for borrowers that are in default, they are Default Management Services, Inc. You can Google the company name and get the phone #. Ask for Doug, he is knowledgeable.