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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

If the trustee declared your case a no-asset case even though there was an asset listed that the trustee overlooked it is your attorney obligated to bring it to his attention?

Bring it to the attention of the BK attorney immediately and have the error corrected. If this is not done in a timely manner the bankruptcy can be dismissed with or w/o prejudice.

If you use a car for collateral for a loan then die who owns the car?

It depends. Did you leave a will? Was there a TOD on the title to your car? Either way, the debt will have to be paid otherwise the lender will being repossession proceedings. The short answr is that until the estate is squared away, the estate owns it. Part of the duties of the personal representative (executor) is to pay off debts, including the vehicle. Once the debt is paid, the car can go to whomever you designated to receive it. Some documents though will say that property will pass with the debt still attached.

How do you get legal papers for a car?

(I hope that you got a bill of sale from the owner you bought it from.) Take the bill of sale to the DMV and apply for a title.

What is the Statute of limitations on money owed after auto repossession in Georgia?

The time frame on debt collection is 6 years in Georgia. Oral contracts are going to be limited to 4 years. The time usually starts from the point of last payment or acknowledgment of the debt.

Can you be arrested in Florida if 3 misdmeanor warrants are issued in Texas?

If Texas placed the arrants on the interstate wanted files and indicates that they will extradite you, yes, you can be.

In a court of law what does instanter dismissing mean?

The answer to your question is: Instanter means the court dismisses a usual civil proceeding instantly upon filing, though that fact may not become evident to some other date following the filing of the proceeding; but it is dismissal by the court without a motion by an opposing party; or without a motion from the judge (sua sponte dismissal), such motion known as a show cause order. Usually the Plaintiff can file an amended pleaded after instanter dismissal, however, instanter dismissal is usually unauthorized by law, as court is usually prohibited from dismissing a case without a motion from a party except where the dismissal is for lack of subject matter jurisdiction; then the court may dismiss on its own motion known as sua sponte dismissal.

Can furniture be repossessed if payment has not been made in 6 months but you start back making payments?

Yes, furniture can be repossessed if you start making payments again after 6 months, especially if the missed payments are not caught up. The creditor can refuse the payment if court proceedings are already in progress.

What is your rights if the lender does not notify the police that they are repossessing your car?

Yes. You will be served with an order to appear. On your court date, you will be ordered to surrender the vehicle and the lender will be given a replevin by the court. This is in essenece an order by the court for you to return the vehicle to the lender. When the replevin is served, you will surrender the vehicle or you will be taken to jail and remain there at least until the vehicle is surrendered, perhaps longer on felony charges.

Can an employer charge a fee to administer garnished wages?

Yes, at least in the state of PA it is legal for them to charge a small amount to take out for Domestic Relations. KS Lowe's Cos, USA charge $2.00 per pay period

What should you do if someone is using your child's SSN?

It is a federal crime to use someone else's SSN regardless if the number is assigned to an adult or a child. Misuse of SSN should be reported to the FTC Hotline 1-877-438-4338. Any person knowing of such incidents are should report the violation or they could be charged as an accessory to the act. http://ftc.gov

What responsibility does a co-signor have?

a co-signer hass the responseablility of being what is basicly a partner in the loan or what ever you are co-singing if it is a loan and you fail to make the payment on time they're credit score goes down

Normally, the cosigner is and can be called the co-borrower...and has all the same obligations as the primary. (However, they may not have all the same benefits, like possession, or title to sell).

The absolute best and simplest way to see exactly what yours are, (which you should have been aware of before you participated), is to read the specific loan agreement you signed! It's all defined there. If you didn't keep a copy, most lenders will provide you one, albeit they may need a formal request and confirmation of who you are before disclosing this confidential document.

If drugs in car will i lose my car?

Not easy to answer. When they first started forfeiture, two roaches in the car would get it confiscated, no questions asked. Then they started running into four problems: your friend would borrow your car, go to Dealer McDope and get pulled over on the way home. The cops would see the bag of weed on the passenger seat and you'd lose your car. It's not your weed. You don't even use weed. But they'd decide the car was committing the offense and keep it. Now you have no car, and next week you have no job because it's hard to get to work with no car. your friend would go to Dealer McDope, buy three bags of weed and accidentally leave you one of them. How this happens I don't know--I think if I had three bags of weed I could remember to take all of them inside with me. It's not your weed, but it's in your car...which would become their car. Oh, they'd let YOU go because it's not your weed, but the car was committing the offense of holding your former friend's weed... people would buy weed in cars they were still making payments on, or had leased. The courts ruled that the cops had to pay off the car before they could sell it to someone else. and a lot of weed smokers own old cars you can't get anything for at the police auction. So...this is how they do it now: if the car is financed or leased the cops will call the company with the security interest in it and tell them to pick their car up. You lose your car, but then again you don't need a car in jail anyway and that's where you're going. If the car is too cheap to make the cops any money at the auction, you'll usually get it back...unless the jurisdiction you're in just sends cars like these to the junkyard. If someone borrowed your car to run drugs, and you had no knowledge of it (you will have to be able to prove very well you didn't know why your friend needed your car--remember, the cops are trying to sell it so there's money in it for them) you'll get the car back. But if it's your car and your weed, and you've got a nice car that isn't financed, kiss it goodbye.

Are there funny Ohio laws?

* It is illegal to mistreat anything of great importance.

* Owners of tigers must notify authorities within one hour if the tiger escapes.

* It is illegal to fish for whales on Sunday.

* Women are prohibited from wearing patent leather shoes in public.

* It is illegal to get a fish drunk.

* The Ohio driver's education manual states that you must honk the horn whenever you pass another car.

* No one may be arrested on Sunday or on the Fourth of July.

* Participating or conducting a duel is prohibited.

* Breast feeding is not allowed in public.

* In Ohio, if you ignore an orator on Decoration day to such an extent as to publicly play croquet or pitch horseshoes within one mile of the speaker's stand, you can be fined $25.00.

* It is illegal for more than five women to live in a house.

* It is illegal to walk a cow down Lake Road.

* Ordinance number 223, of 09/09/19 prohibits the installation and usage of slot machines in outhouses.

* Any person who leans against a public building will be subject to fines.

* It's illegal to catch mice without a hunting license!

* Women are forbidden from wearing patent leather shoes, lest men see reflections of their underwear.

* It is illegal for stores to sell corn flakes on Sunday.

* It's against the law to honk your horn "excessively". A grandmother was fined for honking her horn twice at her neighbor.

* Items left on a tree lawn become city property. A young man was fined for removing an item from a tree lawn even though he had the owner's permission.

* Cross-dressing is against the law.

* Any map that does not have Lima clearly stated on the map cannot be sold.

* It is unlawful to run a horse over five miles per hour.

* You cannot eat a doughnut and walk backwards on a city street.

* It is against the law to roller skate without notifying the police.

* Your goose may not paraded down Main Street.

* It's illegal for a woman to strip off her clothing while standing in front of a man's picture.

* A policeman may bite a dog to quiet him.

* Throwing a snake at anyone is illegal.

* Catch 22 is banned.

* Riding on the roof of a taxi cab is not allowed.

* You may not run out of gas.

If a car was wrecked just before it was to be repossessed is it legal to collect the insurance claim and then turn the vehicle over to the bank?

You can collect it if you want, because the lienholder is going to charge you for not having insurance for as many months as they can, and the amount of what it will cost to get the vehicle repaired. I say give them the check, you will owe less.

Is a Florida 620 adjuster license reciprocal with an agent 440 or 220 license?

The FL Dept. Of FInancial Services States on their site:

"If an individual holds a general lines agent license and wish to add or convert over to an adjuster, you must apply online and submit the fees of $55. (No examination is required"

http://www.fldfs.com/Agents/Qualifications/5-series.htm

Basically, a 2-20 agent can switch the license to an all lines adjuster license, and switch back.

The 4-40 license is a customer service representative license, and that cannot be switched over to an adjuster license.

Why do cars sink?

the car has more density than water i.ethe weight of the water displaced is more than the bouyant force acting on the car.

Can you repossess a vehicle in a storage lot in Oregon if under contract with the persons that will not pay for it?

The question is extermely unclear. Who is under contract to whom? Bottom line - if you have a valid repossession order giving you legal possession of the vehicle, that should be all you need to seize the vehicle.

Can you include a mechanics lien in a bankruptcy?

Sure. You have to. It's just a secured lien.

The key here is the word "include." I'll write with the assumption you're the debtor, and that the lien is legally valid. Bankruptcy requires you to list out all your debts, and this is one of them, so you have to put it on there. So, if by "include" you mean list it out in the forms, not only can you include it, you must include it.

But, if you're the debtor, you're probably trying to discharge the debt. That's much trickier. The lien exists under the law of the state where the lien was created, and each state's law is different. You could have a bankruptcy of a person who owned property in three different states, each with a mechanics lien, and get three different results because each lien is effectively a different thing because the law that creates each is different. Usually, however, the effect of a valid mechanics lien is that the contractor is effectively a co-owner of the property, in the same sense that the mortgage bank is a co-owner of the property.

The upshot is that the contractor will likely be paid in full from your equity in the house (in most states only after the mortgage has been satisfied), and you can discharge any overflow unsecured debt that wasn't covered out of your equity in the house.

What is a mechanic's lien waiver?

A mechanic's lien waiver is separate document or provision in another contract, releasing the right to file a mechanic's lien in the future. Lien waivers are usually exchanged for payment for work performed and/or materials supplied in furtherance of a construction project. They are problematic because they are frequently requested prior to the time that the party giving the waiver is being paid. They also often over waive rights, they waive liens AND claims, even though claims were not a part of the discussion (what if you want to be paid on your last pay application, but have an outstanding, unapproved change order. Signing the "lien waiver" to receive the payment that is already due to you MAY waive your right to assert the claim for the change order. They also provide that you are waiving your rights (lien and claim) through the "date hereof" despite the fact that you are likely being paid for work performed 30, 60, 90, maybe 120 days ago, and even then retainage was withheld. So, unless you have propertly modified your waiver, you have over waived your rights. I am an attorney in Ohio, but if you need help outside of Ohio, please feel free to contact me at my email address listed in my profile. I will be happy to help you find a lawyer in your state from my contacts from my participation in American Subcontractors Association Attorney's Council. I have included a link to several articles that I have written for the Builders Exchange Magazine on Mechanic's Liens, Lien Waivers and other construction related topics.

What happens to ginepigs if you pick them up by there tails?

They will probably, and this is just a guess, bite you with their razor sharp teeth or their tail will fall off or they will die.