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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
NOT that I know of. call a local attorney for state specific advice. It's not a threat. Just a warning that IF YOU FORCE THEM TO APPLY FOR A WRIT OF REPLEVNA by refusing to surrender the car, you WILL BE ARRESTED. No! Creditors and/or their representatives cannot threaten to have you arrested or make threats period.
How can you get a collection agency to stop harassing your neighbors?
If the collection agency knows the current residence of the person owing a debt, they are in violation of the federal Fair Debt Collection Practices Act. Contact the collection agency immediately in writing and let them know you are reporting their actions to the Federal Trade Commission and the American Coolectors Association. Also state that you demand the cease contact in every medium but writing and they are not to contact you on the phone. Collection agencies can be subject to serious fines and penalties. Check out the Fair Debt Collection Practices Act. Federal Trade Commission Consumer Response Center 600 Pennsylvania Ave. N.W. Washington, D.C. 20580 Telephone: (877) FTC-HELP (877-382-4357) TDD: (202) 326-2502 Web: www.ftc.gov - Click "File a Complaint" on home page American Collectors Association P.O. Box 39106 Minneapolis, MN 55439-0106 Telephone: (612) 926-6547 Fax: (612) 926-1624 Email: aca@collector.com Web: www.collector.com Complaints about members: www.acainternational.org/intcontent.aspx, Click on "Contact ACA
What does the term sold subject to contract mean regards property?
more than likely, the property was sold with contingencies Meaning the person bought something and will take possession providing everything checks out that was aggreed upon between buyer and seller Buyer reserves the right...
Can a car be repossessed while at a body shop after repairs are completed?
Anytime, anyplace, as long as it does not create a breach of the peace.
No license is required,however you must have liability insurance
Police can investigate if a repossession is being legally accomplished. You cannot harass someone to collect a debt. They are in their rights to investigate.
What is a debt collection judgment?
If a creditor has obtained a debt collection judgment against a debtor, the creditor may implement any of the following to be able to collect on the debt owed:
1) Garnish wages
2) Levy bank accounts
3) Seize property or put a lien on the debtor's property
4) Assign a trustee on the debtor's business
5) Revoke driver's license
5) Local law enforcement (sheriff) can legally empty the till of the cash register
Once a creditor obtains judgment, the debtor either has little or no options.
Legal Disclaimer:
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. You can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.
Can you sue the city for damages done to your car by bumps and potholes in the road?
In some towns or cities yes. We can in Canada. *Filing a lawsuit for any reason should be a last resort rather than the first choice. In US cities a motorist who has incurred damage should file a complaint with the city street department. Please be advised, generally a claim will not be considered valid if the pothole or obstruction that caused the damage was not previously reported to the proper agency.
Perfectly legal, so long as they follow "peaceful repossession". If your vehicle is being repossessed, you may have some rights. For example, you may prohibit repossessors from carrying arms on your property, but ultimately, if they have an order of repossession for that car, they have a legal right to take possession of the vehicle they are there to repossess. They may not open locked doors or gates, or enter any vehicle other than the one they're repossessing.
The 'law' simply says DO NOT BREACH THE PEACE. The courts on the other hand have added a few fine points to the intepatation. IF the debtor refuses to give you the car, leave; If the debtor tells you to get off the propert, leave; if the car is behind a locked gate/door, leave; basically if the debtor objects in any way, LEAVE. Most repo company trucks are equipped with cameras and recorders to video the proceedings. That protects the agent AND the debtor. The actual California statute states the following: California Commercial Code
Division 9. Secured Transactions
Chapter 6. Default
§ 9609. Secured party's right to take possession after default
(a) After default, a secured party may do both of the following:
(1) Take possession of the collateral.
(2) Without removal, render equipment unusable and dispose of collateral on a debtor's premises under Section 9610.
(b) A secured party may proceed under subdivision (a) in either of the following ways:
(1) Pursuant to judicial process.
(2) Without judicial process, if it proceeds withoutbreach of the peace.
(c) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.
HISTORY
(Added by Stats.1999, c. 991 (S.B.45), § 35, operative July 1, 2001.)
How can you find repo agents in Texas?
One can find them in the phone book under Collateral Recovery or one can find them delivering repos to auto auction.
You can run but you can't hide.
Maybe, if the account was assigned by the original creditor, and the original credit agreement had a stipulation that the account holder agreed to that states a collection agency will have the same rights as the OC. Which is a bit confusing to say the least, but it is one reason that consumer rights laws are so difficult to enforce. The state SOL for debt only applies to lawsuits, it does not mean that once the SOL expires collection procedures will end or the debt is invalid. But, it basically comes down to the same thing, if the debtor cannot or will not voluntarily pay the debt, then a lawsuit is needed, and the SOL will apply. Confused?...me too!
What are your rights in Texas when the repo man is trying to repo your car?
- You have the right to surrender your vehicle to the lender voluntarily.
- You have the right to try to prevent the repo agent from recovering your vehicle, but you have a right to an attorney when you are arrested for actively attempting to hinder a lender in the recover of their collateral.
- You have the right--no, that's a responsibility--to pay the loan as you contracted to pay it.
- Once the vehicle is recovered, you have the right to claim any personal property you foolishly left inside the vehicle, and to pay the storage lot the fees they assess for storing it for you.
That's about it.
Is possession of a fake ID in SC a misdeamnor?
To possess a fake id is serious, and you will be arrested if the cops catch it on you... ...Plead not guilty and Get an attorney... however using a fake id for buying guns or alcohol or anything else would be a felony for sure!
Do you need a licence or anything to repossess cars in Lancaster PA?
PA does require any third party repossession to be done by a licensed repossessor. A third party repossession is one that is completed by a person who is not an employee of the finance company. The license is not the only thing that you need though. Any finance compnay will require that you are bonded and properly insured. This con be the expensive part.
Ask your B/K attorney for state specific advice. I usually reccommend you call a local towing company to tow it away.
What is the process if you want to surrender your car in the state of New Jersey?
Call your lender, let them know you cannot continue to make payments and for them to have the car picked up. They will make the arrangements from there.
Does one file a police report if a car backs into a fence?
Technically its classed as an accident if damage was caused to the fence. If both parties exchanged their details there would be no need for Police involvement. A report would not normally be filed if the driver did not stop or their details given were suspected to be false
It doesn't matter how the vehicle is marked or what plates are on it. What matters is the laws of the state in which the repossesion is being performed. The answer is "NO", it is not legal for a repo in Washington to be carried out by an unmarked vehicle. I suggest you speak to an attorney. As of January 2007, a Portland-Oregon based repo company is being sued in Federal court for this same offense, as well as illegal repo, breaching the peace, and assaulting a woman while trying to illegally repo her vehicle.
As of January 2007 is Texas still exempt from wage garnishment?
Rules for each State at
http://www.bcsalliance.com/y_debt_statelaws_garnishments.html
Note: Many things ARE NOT EXEMPT anywhere - like child support, student loans, alimony, taxes and more.
What can collection agencies seize?
State laws determine the property that can be excempt from a judgment creditor. Generally it will be the same property which is considered exempt during bankruptcy with a few exceptions. The major exception would be the homestead exemption amount and/or the ability for a judgment creditor to force the sale of a primary residence. Another issue that could impact the judgment execution against any property is whether the debt applies to married couples who are not co-debtors and do not live in a community property state.
The majority of judgment creditors prefer the use of wage garnishment when executing the judgment writ. In lieu of that the second choice is usually bank account levy.
