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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

How can you find out if a truck has been reported stolen?

You probably can find our by calling the highway patrol and giving them the Serial or Identification number and asking. Another thing I would do is take the Identification number and on the computer go to karfax.com and check it out.

In Virginia how do you obtain a Mechanic's Lien for work done on a vehicle when the customer refuses to pay for the service?

Albeit very confusing, a Mechanic's Lien is not actually the legal procedure that is used for recovering money owed for repairs or other work done on vehicles.

The person who is owed the debt will need to file suit in small claims (or whichever court is applicable depending upon the amount owed) in the county where the debtor resides. If the plaintiff (creditor) wins the suit a judgment will be entered against the defendant (debtor). The judgment can then be executed under whatever manner is allowed by the laws of the debtor's state. Small claims judgments are generally for monetary recovery only, such as wage garnishment or bank account levy.

Is it true that it is a 3rd degree felony if you keep a car that is in repossession in the state of Virginia?

http://legis.state.va.us/Laws/CodeofVa.htm § 18.2-115. Fraudulent conversion or removal of property subject to lien or title to which is in another. Whenever any person is in possession of any personal property, including motor vehicles or farm products, in any capacity, the title or ownership of which he has agreed in writing shall be or remain in another, or on which he has given a lien, and such person so in possession shall fraudulently sell, pledge, pawn or remove such property from the premises where it has been agreed that it shall remain, and refuse to disclose the location thereof, or otherwise dispose of the property or fraudulently remove the same from the Commonwealth, without the written consent of the owner or lienor or the person in whom the title is, or, if such writing be a deed of trust, without the written consent of the trustee or beneficiary in such deed of trust, he shall be deemed guilty of the larceny thereof. § 18.2-101. Selling, etc., of goods distrained or levied on. If any person fraudulently sell, pledge, encumber, remove, destroy, receive or secrete any goods, chattels or other personal property of any kind whatsoever that has been distrained or levied upon, with intent to defeat such distress or levy, he shall be deemed guilty of the larceny thereof. (Code 1950, § 18.1-108; 1960, c. 358; 1975, cc. 14, 15.) Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without the consent of the owner thereof and in the absence of the owner, and with intent temporarily to deprive the owner thereof of his possession thereof, without intent to steal the same, shall be guilty of a Class 6 felony; Ver True, i consulted with the commonwealth attorney's office on this matter and Ms. sally head of economic crimes division said they will prosecute.

You got your truck impounded by the police because you had no insurance the bank took it from the cops now 38 days later you have to pay the lapd 1988 to get your truck back if you let it all go how?

It's your credit... If you let the bank keep the car and don't pay the bill your credit will be messed up even more. When you bought the vehicle you agreed to pay the note. If you back out now you're telling the bank and everyone else that your word isn't worth anything. Do you think they'll want to do business with you again?

How does one as a private citizen repo a car that is in the names of that perons and the former boyfriend?

Consult a lawyer, there are too many variables to answere online with no background. Local laws need to be followed. Your local police department might also be able to gve you advice.

What is a good repo company in NEPA?

I know of a good person that is in the process of opening a repossession company in Northeastern Pennsylvania take a look at Northeast Remarketing Company, INC i believe they are a national broker located in NEPA i believe Scranton, PA. They will be able to handle any repossessions you might have. Northeaster Remarekting Company, INC (NRC) 860 North Keyser Ave, Scranton, PA 18504 Tel 570 - 562 - 2990 website: www.nepautoauction.com/remarketing

IF you have two car payments in chapter 13 Do you have to give up one car?

No.

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.

Can they repo RV if it is primary residence?

Yes, just the same as a creditor can foreclose on your house. You may have legal options to protect yourself with in your state, but you would need to contact an attorney to review them.

Added: In most(all?) states RV's are registered as motor vehicles. As such they may be be re-possessed the same as motor vehicles, and boats, etc.

Can you use plates off one car to put on another car until you get it in my name?

No, you cant that is illegal. when the number plates are given they record your car's make number and engine number under plate number.

Does a repossessed lease vehicle have to be held any certain amount of time before resale?

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.

Hide cell phone in car?

It's ok. If it's under the seat or in the glove box - no one will break into your car to find it. The bad guys don't know it's there. Thieves only break in when they see something laying on the seat and they want it.

Will a bank finance you for a new car if you filed for bankruptcy?

Very unlikely, unless it was long ago...and of course, you better have pristine credit since then.

My girlfriend canceled my insurance and called the car lot My car was repossessed to get the car back they want to be paid off in full what are my legal rights do I have any options?

If you owed money on the car (which is probably why it was repossessed), you need to pay what they demand. Check the paper you signed when buying the car if you think they are 'demanding' something different than you signed. Your girlfriend was smart to cancel the insurance, since a repossessed car does not need insurance. You cannot sue your girlfriend for calling the car lot, or for cancelling the insurance, because you cannot show DAMAGES to yourself.

What are the attributes of good money?

attributes/characteristics/features of money:

-Must be durable

-acceptable

-portable

-divisible

-homogeneous

-identifiable

-retaining value, so has to be scarce

If you file bankruptcy on your debt and liens and keep your house and your cars but don't owe on your cars can they still come after you for your assets?

Please review the info at this Q... "A basic primer on bankruptcy". You cannot file BK on the things you mentione, only. YOU file BK and it effects everything you have, debts and assetts. Always. No picking and chosing. Generally, ONE reasonable car is considered exempt. (The law says $500 car, but most courts go with reasonable...a 3 year old Toyota...fine...a 3 years old Mercedes, probably not.

Does the finance company need to notify you if they plan to repo your car in Georgia?

NO, they DO NOT have to notify you. They notified you in the contract you signed. It said anytime you are in DEFAULT, they can repo the car. IF you havent been repoed, why do you need the "direct" #?? If you have been repoed, and still cant get your PP, call an attorney. Let the attorney contact FMC. That might speed things up a bit. Good Luck

Georgia TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Georgia Motor Vehicle Division, 270 Washington Street, Atlanta, Georgia 30334. Tel: (404)362-6500. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. PLATES: Remain with the vehicle.

http://www.legis.state.ga.us/legis/GaCode/index.htm

How do you know if your car has been reported stolen by the lender?

ask a cop to run the license plate on their computer If it is still in your possession, it has not been stolen and anyone who files a police report saying it has been is commiting a crime. However, if it has already been repossessed and disappears from the storage lot, it HAS been stolen and the lender or repo agent will report it.

How does a debtor in a Chapter 7 voluntarily dismiss his own case?

File a "Motion To Dismiss". Contact the clerk or court administrator where the bankruptcy was filed for information on the forms and procedure required in accordance with the state laws. If the BK was federal, then contact the clerk of the federal court where the action was filed. If the person was being represented by legal counsel then the attorney needs to be notified that the client is going to have the BK dismissed pro se or the situation can get very complicated.

Can a vehicle be repossessed if you allowed a military person to take over vehicle payments and he has not paid anything?

it doesn't matter if the pope takes over your vehicle payments. if he stops making them, your credit is damaged and the vehicle is repossessed.

How long does a pawnbroker have to wait before selling a pawned vehicle?

It varies from state to state. Here in Virginia, you have 30 days then an additional 15 day grace period before any pawned item can be sold.

How can you obtain an exterminators license in NY state?

For an individual to be eligible for commercial pesticide technician certification, the individual must:

  1. be at least 17 years of age at the time of application; and.

  2. have successfully completed a comprehensive 30-hour training course, approved by the department; or.

What is the verbiage for a blanket ucc filing?

All of the following property that is now or hereafter at any time used in connection with (without regard to the duration of the period of such use), or now or at any time relates to or arises as a result of, the operation of the business known as Heritage Hills Memory Gardens:

(i) all of the Debtor's inventory, including all goods, merchandise, raw materials, supplies and other tangible personal property, now owned or hereafter acquired, and all documents now and at any times covering or representing any of said property;

(ii) all of Debtor's accounts, accounts receivable, contract receivables, contract rights, notes, drafts, acceptances, instruments, chattel paper and general intangibles, and all guarantees and suretyship agreements relating thereto and all security for payment thereof, now and hereafter existing orarising; and

(iii) all of Debtor's equipment, including all furniture, furnishings, machinery, fixtures, storage shelves and other goods used in the conduct of Debtor's business, including, but not limited to, all motor vehicles and rolling stock, now owned or hereafter acquired;

together with (a) all increases, parts, fittings, accessories, equipment, special tools and accessions now or hereafter attached thereto or used in connection therewith, and any and all replacements of all or any part thereof; (b) any profits now or hereafter acquired from or through any of theforegoing; (c) any products now or hereafter acquired from or through any of the foregoing; (c) any products now or hereafter manufactured, processed, assembled or commingled from any of the foregoing; and (d) any and all proceeds received should any of the foregoing be sold, exchanged, collected or otherwise disposed of (all of which is hereafter called the "Collateral").

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