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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
What amendment allows for law enforcement to arrest an individual with an arrest warrant?
Fourth Amendment.
What happens to cell phone tower lease when land is sold?
It depends on the terms of the lease. The lease may terminate or the lease may "run with the land."
It appears you co-signed so you are out of luck. You are then considered the lender and took the responsibility of the loan. Legally, if this person kept up their payments there is nothing you could do because the vehicle is theres. However, they are delinquent on keeping payments up, so go to the banking institution or whomever you dealt with and tell them you want to continue payments, but want the vehicle. They will advice you on what course of action to take. It depends on how the vehicle is registered/titled. If you are listed as an owner, you have the right to have the vehicle picked up. In most cases, the co-signers are not listed so hopefully you were smart enough to be listed as an owner.
Can they repossess your car from a military post?
Your car can get reposessed. A smart repo guy will just call your first Sergeant or commander to get permission to come on base/post and probably even point it out for them. Not paying your bills while in the service can become a very large problem for you due to security clearance issues. If the repo man can get on the post, he can repossess the car. Many military housing complexes are not behind security gates of any kind. If it is on a base that has security but is not a highly restricted area, the guard will probably allow any commercial vehicle to enter. At least he would have when I was in the service almost 30 years ago. They are probably a bit more cautious since 9/11. Not only that, if the repossesor has the proper legal documents, and if he goes to the Provost Marshal, he will probably be assigned a military police excort for protection and asssistance!
== == Please cite cases where a First Shirt has given a repo'er permission to enter a military base .... my ex was Enlisted AF, and my current hubby an Army Commander (in charge of over 200 men) and he NEVER gave that sort of permission - and nor did any of his subordinates. He would tell repomen who approached him to keep their business OFF base as it was NOT military business. He did this as per protocol, so I don't know where you're getting your info!
More often than not, nowadays especially, you have to PROVE that you have valid, official military business to get on base (unless it's a base sponsored public activity). Response. Just telling you what I have seen. I don't think that merely "telling me what you've seen" would entail deleting my answer, do you? ;) Nor would throwing being a mere dependent in my face. Here's a free clue ... the dependents, especially the spouses, make it so the soldiers can go and fight for your freedom, friend. Or do you think that the average soldier doesn't deserve his own wee share of peace and happiness?? :) I need a hobby. Yeah, you do.
How do you pay the amount you owe if you are sued?
If the plaintiff wins the lawsuit they are awarded a judgment. A judgment can be used to garnish the debtor's wages or levy bank accounts, place liens against real property owned by the debtor and other actions depending upon the laws of the state in which the debtor lives. In certain situations a judgment lien holder can petition for a forced sale of real property owned by a debtor. Although the forced sale of a primary residence is difficult and judgment creditors seldom take the action, it is in the majority of US states a possibility.
Can I return my vehicle when I get deployed in the military?
You could sell it, but I don't believe you can return your vehicle to the dealership for a refund just because you are deploying.
Can thay repo a car 2weeks late on payment?
depends on the law of your country/state etc not normally, the usual process is miss 2 payments (which are usually monthly) get a warning letter for each missed payment, then a 3rd month a letter explaining the process, then you wake up one morning & their will be a man standing at your door asking for the keys, in some places they have to send you a letter to tell you what day they will arrive
What if repossession agent damages RV or personal property during repossession under Texas law?
Then they're liable for the damages. You need to file a police report immediately.
Does a repossession agent have to be insured in Tennessee?
Yes. And if you want to work for finance companies or banks, better pony up the dough. The minimum requirement is $1 million bond and $1 million in liability insurance. Many want $5 million in bond.
How can I repossess a trailer I owner financed?
If you want the trailer back (repossession) you definitely need to see a lawyer in your area. Any mom-and-pop "general practitioner" lawyer can do this--no need for a huge law firm. If you don't want the trailer back, but do want payment for the amount you are owed, and the amount that remains unpaid is at or less than the jurisdictional limit (maximum) for small claims court in your state, you can take the buyer to small claims court for the amount you are owed. (See the handy link below) If the amount you are owed exceeds the small claims jurisdictional limit in your state, then you will need to talk to an attorney. In this case, a "general practitioner" attorney will also do just fine.
What does the legal term partial release mean?
A partial release is a release of part of a creditor's claim on a property especially used when a blanket mortgage covers several lots or parcels and the lender partially releases each lot from the mortgage as it is sold. It is used in several other ways in real property law.
A town may have an Agricultural or Forest Tax Lien on a large tract and will partially release smaller portions that are sold from the base tract. A Conservation Commission may impose a Wetlands Order of Conditions on a new subdivision and will partially release each lot as it comes into compliance and is sold by the developer. A creditor with a judgment lien that covers several properties may partially release a property so that it can be sold with the proceeds paid over to the creditor to partially satisfy the lien.
You need to first call the bank and ask to be removed from the loan (as long as it was not court ordered that you make the payments) be prepared to have to show all legal papers indicating divorce. Or you can find out where the ex is parking the truck and call the bank and tell them to come get it.
try call bank to see if can remove your name. if you have divorce paper that said He got award for a truck in divorce. show them they can take it off. but if they cant. try go talk to lawyer to have them help with you how to remove your name off that truck loan. Good Luck.
ANSWER
The bank doesn't have to remove you from the loan in most states. (There may be some states that have special laws.) Even though your ex got the car in the divorce the loan was made be the bank to both of you and the bank will typically not care that you have gotten a divorce. In a best case scenario the divorce would have required your ex to refinance the car in addition to getting it. While the payments are not being made it is hurting your credit. If you can afford to eithor make the payments or pay off the loan you could do that. Then you could sew your ex for the payments that are owed do to the fact that you had to make the payments to protect your credit.
Are there any states where the court is not allowed to garnish your wages for a civil judgment?
Yes, Texas, Pennsylvania, South Carolina. North Carolina does not have a law directly prohibiting wage garnishment, but the specifics of the garnishment law make it nearly impossible for such action to be taken.
What happenes when you hide a repossession motorcycle?
It depends on how long overdue the payments are. If you are hiding your own bike and not paying the notes while concealing the bike from the bank, it is a felony. I'm not sure if it's fraud or some type of theft. Technically, after a certain period of being overdue, you are considered to have defaulted on the loan and the bank can press civil and criminal charges against you. An arrest warrant would be served by the sheriff
I would suggest that you contact the OIC (Officer in the Case), they should have left you some paperwork with these details on. You should have signed something, either a police form or an entry in an officers pocket notebook to say how much money has been seized. If they do not intend to investigate any further or lay any charges they you should be told without delay. If you cannot prove where the money came from then it is possible that the police might apply to the courts for a forfeiture order to be made as they have reasonable grounds to suspect that it is proceeds of a crime. My suggestion - get a solicitor!
If they have not charged you with goods in custody or money obtained from proceeds of crime they should have given it back to you ,if what my freind before said that they take it before a magistrate they would of had to charge you , did you get any documents from them saying they have confiscated the money for further investigation.Also they would of asked you how you obtained the cash!! were you able to explain where it come from ? they have not charged you ,you must have satisfied them always remember when it comes to [police making inquiries about your money and wanting to take it you only have one shot at getting it back you have to satisfy the court that the money was obtained legally so you n ever answer the police if they are going to charge with proceeds of crime wait until you go before a court. you never ever make a record of interveiw relating to any crime they are trying to charge you with as saying nothing is always better for your legals to represent you always.ring the O.I.C and ask for your money to be returned to you as soon as possible ,let me know what the out come is please at shadielee@live.com hope all goes well shadielee
What if the car has lien on it and you want to buy it?
Lien must be satisfied somehow so title can be transferred.
Can a lien be put on home in Maryland for an unsecured debt?
Yes. That is what judgment liens are all about. A creditor can sue you in court and if successful obtain a lien against your real estate.
Do you still have to get a business license in Nevada?
Every business needs one or more federal, state or local licenses or permits to operate. Licenses can range from a basic operating license to very specific permits (e.g. a permit to sell alcohol). Regulations vary by industry, state and locality, so it's very important to understand the licensing rules where your business is located. Not complying with licensing and permitting regulations can lead to expensive fines and put your business at serious risk.
In NC you cannot file again for another 7-10 years. I don't know if that goes for all states or not.
If you fall behind on 13 payments, you should be able to refile 6 months (180 days) after the dismissal.
In Indiana, and maybe everywhere, a debtor doesn't even have to wait the 180 days to re-file unless their case was dismissed "with prejudice." If a case was dismissed without prejudice, the debtor can re-file a new case immediately after the preceding case is dismissed. Generally, Courts in Indiana do not tend to consider dismissal due to non-payment a prejudicial dismissal (unless it has happened multiple times, or if the debtor was acting in bad faith in some other aspect of their case). Other states may consider every dismissal for non-payment to be prejudicial, I don't know. Ask an attorney who practices locally. Okay now the legal stuff: Please be advised that nothing in this posting or in any other posting by me or my agent(s) constitutes legal advice. The information provided herein may be or become incorrect, and I do not warrant its accuracy. I am suggesting no course of action or inaction to any person but I am rather merely stating facts as I understasnd them. I warrant no information herein and recommend to all persons to seek face-to-face legal counsel on any questions they may have. *whew*
Depends on how much the car has sunk in value between when you took possession of it and when you returned it. Probably the company will want some money more on top of having the car back. It's far better to talk to the bank or the dealer though rather than waiting until it gets repossessed.
Judgment a lien against a person don't know what to do with it?
The first step is to record the lien in the local land records to attach any real estate owned by the debtor. You should inquire at the court where the lien was issued to determine how the lien should be recorded. In most jurisdictions the sheriff must record the lien.
What are the repossession laws in Illinois?
There are several web resources about repossession in Illinois. In addition to this information, the Illinois General Assembly's website contains the full text of all Illinois Laws. Please see the links below.
No, it is probably not too late. It certainly will help your credit either way. Call them immediately. Do not allow it to be repossessed if at all possible.
How do you know if there is a judgment against you?
There is no central location to find all judgments against you. You can find most creditor and major liability judgments on your credit report. You are entitled to one free credit report every year from the 3 largest national credit bureaus, TransUnion, Equifax and Esperian.
In most cases, the plaintiff or the court will send you a document indicating the judgment has been entered against you. If you move without leaving a change of address, or you do not change your address with the plaintiff or the court within a year, you will not get any mailed notices.
If you know a case has been filed against you, call or go to the clerk's office for that court. Make sure you have the docket number for the case, it will help.
