answersLogoWhite

0

💰

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

If a car is turned back voluntarily and then sold at an auction for less than was owed how can you pay the difference if you couldn't even make the payments What will the company do?

The bank/ loan co. will usually work out a payment plan with you or they willseek a judgment against you and try to garnish your wages(if you are working).The key to dealing with them is to get everthing in writing and to document they're dealings with you i.e. phone log,record their phone conversations with youetc.

When a repo takes place can the bank repossess your car and take any other assets you have?

A repo man is hired by the bank to collect an asset a loan is secured by. It is the only thing that they are allowed to touch, also anything that belongs to you inside the vehicle is still yours and you are entitled to it. Anything that you have installed on the vehicle however does not.

Can a warrent be issued for your arrest if a process server cannot find you?

OOPS I think I misunderstood the Q when answering below: You mean someone is taking a civil action against you and wants to serve you papers, they can't so can that become criminal where a warrent can be issued. Probably not. Avoiding process, if proven, is an action the court may act on and give a warrent...but it very hard to prove and uncommon. However, there are a number of ways you can be served without the process server actually putting the papers in your hand. For many things that includes publication, or even having a certified mail letter, sent to a good address as on record as a legal one for some matter like liscence, business, etc., rejected 3 times. Then not showing loses the case or can be actionable. Just consider that the whole system of courts and justice we use are made with controls and powers to assure they can do the job....and not simply be avoided by someone who doesn't want to participate or be sued. Virtually no one does! Simply be able to duck process, especially with the help of friends and family, and avoid having to answer problems would make the sytsem entirely fail, people take thinggs in their own hands, and act as if there are no consequences. That wouldn't stand for a minute. The issuing of the warrent and the serving it are 2 different things. You can absolutely have a warrent issued for you for many reasons, most notably, failing to show up when the court wanted you to.

While attempts to enforce it may be made, succesfully or not, that doesn't mean it isn't active, and just waiting to find you. First, don't underestimate the success of enforcers to find you...thats what they do...it's a fair guess that an overwhelming percentage of the people they find don't want to be found. People harboring you are doing something wrong, or someone may just want to "get even", or get a benefit for the information.

Then of course, you can get found through many other ways...stopped for a ticket, ID check because your at the wrong place at the right time, any minor problem becomes a real possibility of setting off alarms and eing brought in on an outstanding warrent. Many, many others. Traced through work records. Trying to collect a benefit from the State you had coming...any number of ways. Computers are fierce....and getting fiercer! Try flying/trveling under an alias...which is tuff, because if you use your own name, well they're starting to check that too.

What are the suicide laws in Washington state?

Assisted suicide is illegal in Washinton State as it is in every US state with the exception of Oregon. The act of taking ones own life (suicide) however, is not illegal in any US state.

How can a bank take your IRA and send it to Indiana unclaimed money when the IRA does not come due for 3 years?

The bank should not take your money and send it to Indiana's unclaimed funds division on an active IRA. Send a letter to the bank requesting information on why this was done. It may be that there is a clause requiring them to turn the money over to the state if the IRA is inactive for a certain period of time.

Must the alleged stolen merchandise be recovered to be charged with theft?

Not necessarily, as long as enough credible evidence can be presented to prove that you stole it, or had it in your possession after the theft.

Can you fight storage fees on a towed vehicle if it was stolen?

You could try to negotiate but don't expect a company to store the vehicle for nothing.

Added: If you have insurance, there is a good likliehodd that your insuror will pay a "reasonable" amount for the cars recovery, towing and storage.

Can you be arrested in Missouri for not turning over your vehicle?

when the sheriff comes with the replevin to get the car, he will take the car or you. Simple choice.Naturally, he'd rather take the car.

Can you be arrested for concealing a car in the state of Georgia?

No you cannot.They can after a lengthy court process force you to turn over the vehicle but it never happens....if it did you see the countless repo posters citing the case here.

Does a lender who repossessed your car have rights to your new car?

Not directly as a named lienholder would, but it depends on many things - mainly if the repossession reaped enough money to pay off the prior debt (which would include all late fees, interest, costs of collection, etc.). If not, the amount you would still owe may be turned into a claim or lien against other things you own, or wages you earn, to get full recovery.

Law and debt collection?

Laws are based on specific state and associations regulate debt collectors like; ACA international, CLLA, etc. Debtors are bound by different laws depending on the state. Look at the resource box

What law gives the creditor the right to sell the debtors property to satisfy the debt?

First, there is no law that allows a creditor to sell property owned by a debtor. Rather, the creditor seeks a court judgment against that debtor and the court decides how the debt will be paid if the debtor is unable to do so out of their liquid accounts.

Second, the property must be linked to the debt in some way. For example, repossession of a car for an unpaid auto loan, foreclosure on a home for an unpaid mortgage. A credit card company cannot go directly after the property of a borrower that did not pay - rather, they must seek judgment to do so AND the court must provide for the sale of property.

Finally, the creditors must follow fair debt collection practices, meaning that there is a long time between liquidating any property and determining that the debtor will not pay. Collections processes generally run up to 180 days and subsequent court proceedings (e.g., foreclosure or civil suits) will take some time as well.

What are the repossession laws in Wisconsin?

No it is not illegal, in fact it is quite legal and usually occurs as I was informed when you are 74 days past due. There is the same peaceful rule. In other words if you object or keep the car locked in a garage they can not force you to relinquish.

If a car is reposessed and was sent to auction is it legal for the repo company to bill for storage fees for the period the vehicle was in their lot?

No they are just trying to get extra money off you , that's why a repo company tries to wait till the last second to send a car to the auction. so if there is some chance of you redeeming your car they want you to do it there so they can get storage fee's off you. I cover this topic and more at www.stoptheRepoman.com

Is there a certain time limit within which the lender must return your car if you pay?

Anytime within reason. Next day at the latest except weekends. Cant get in touch with tow driver suggests el cheapo operation, IMHO. IF that's an 'excuse", they need a better excuse. Major repo companys are available by FAX, cell #,ect.

AnswerWhy would you pay money and not get your car on the spot?

What if they can not find your car to repo it?

If they can't find it & you can't drive it; what difference does that make? How about doing the right thing and paying for it?

If your car is impounded what is the law regarding your possessions in the car Can you get them out without paying the impound and towing fees?

You are allowed to remove any personal possessions from a vehicle that has been impounded without paying. You are not allowed to remove any part of the car like speakers, spare tire, seat covers, etc...

Can you default on a car loan when the lender stops your automatic payments?

Assuming they haven't actually repossessed the car yet, you should contact them immediately to find out what's going on and begin making up the missed payments. If they made an error, they should stop repossession proceedings and remove the ding on your credit report (you should probably also contact the credit bureaus in the meantime to dispute the report). If they HAVE repossessed the car...

If the lender stopped processing your automatic payments without notifying you, and you did in fact have the funds available to make the payments had they tried to process the automatic payments, then you might want to consult an attorney; it sounds like you probably have a case against the lender.

If they did notify you that they would no longer be accepting automatic payments, or if they notified you of a failed attempt which you would need to pay manually and you didn't bother to do it, then it's a lot more obviously your fault instead of theirs and there's not going to be much you can do about it.

Can they put you in jail for having a lean on your car?

No, the lender can not have you put in jail because they have a lien on you car. They can press charges against you in many states if your vehicle is up for repossession and you attempt to hide it or hinder the agency hired to secure it from recovering your car. Or, if the lender secures a replevin and you still refuse to turn over the vehicle, you will go to jail then for contempt of court.

Can you file bankruptcy on a fraud judgment?

If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.

How do you get a car repossessed from your ex wife?

Contact a local repo company they will tell you what you need.Good Luck.

What can you do if the repossession company overcharged you for repo fees?

You may want to check your state's statutes. In most states, repo companies can charge a fee and it's completely legal. If, in your state, it's not legal, you can file a grand theft report with the police agency governing the jurisdiction where the company does business. You can also sue them in civil court for the fees plus court costs. However, make sure first that charging the fees was illegal.