Can a recorded lien be sold or assigned?
Yes. It can be sold and then an assignment of the lien must be recorded in the land records so that anyone checking the title to the property can contact the lien holder. If mortgages are not properly assigned as of "record" and the owner by an unrecorded assignment forecloses that foreclosure may be deemed defective.
Does Raleigh North Carolina have a concealment law?
Do You mean a 'concealed carry" law?
AnswerSince he posted in this category, I think he wants to know if it is illegal to hide a car from the repossession agent. I doubt if Raliegh has such a law, but I'd bet North Carolina does. AnswerMy crysatl ball is fogged up and I cant read the OPs mind, but if that's what you think they want to know. I searched Raleigh City Ordinace and did not find anything about "concealment". I DID find this:Sec. 13-2019. SAME--MASKED PUBLIC APPEARANCE PROHIBITED. It shall be unlawful for any person , while masked, to be or appear on or in any public place in the City . ( Code 1959 , �15-28) You might have been on the money.Are military wages exempt from GARNISHMENT?
No. Military wages can be garnished just like any other wage.
The question is not quite clear, however, I will try to provide an answer. I am assuming that you are the renter and you contracted with an unscrupulous contractor. Since the contract is between you and the contractor, you will not be able to lien the property to get your money back as the landlord was not part of the contract. There may be restrictions in your rental agreement that prevents any modifications to the property without the landlords consent. Provided that you have proof of payment and a formal written agreement, you may need to go to small claims court. In California, contractors are not allowed to take deposits over 10% or $1000 dollars, whichever is less. Depending upon how much you gave them as a down payment, there may be a legal violation that can be addressed also, depending upon the laws in your state.
What is a deficiency judgment?
A deficiency judgment is where the owner of a mortgage or deed of trust is awarded a judgment against the borrower in the amount of: the amount of money owed in the mortgage or deed of trust minus the amount of money the property sold for at foreclosure sale If the above amount is a positive number, some states allow the lender to get a judgment for that amount.
Can furniture be repossessed without a warrant?
Yes your furniture can be repossesed without a warrant, but those who are repossesing your furniture must have permission from a owner or guardian of the house to be in the house.
There are statutes which exist that cover situations such as these. Check with your local law enforcement agency to determine how the laws address "abandonment" of property in your state. You may be required to show a good faith effort to locate the owner and/or their heirs - also - if the vehicle was validly registered and titled with the state DMV you may also have to contact them since the vehicle ownership records probably still exist in their files. After all this time you may be entitled to claim the vehicle for the money owed for storage, if nothing else.
Why is the word police painted back to front on police vehicles?
The reason the word is inverted is because if a police car is coming up from behind a car, it can be as a stop or just speeding by, but since the word is inverted on the car when the driver of the car in front of the police car looks in their rearview mirror of their side mirror they can see the word inverted the right way. Since everything seen through a mirror is inverted, it makes it easier for citizen to spot police cars from behind.
Can the State Police do anything about Civil Matters?
Probably not. Generally the police only act in civil matters if they are presented with a court order directing them to do a specific thing.
If county needs to widen road and needs right of way from owner what should owner do?
You can fight the court. But good luck with that. In most cases the feds, state or county wins. If there is a lake or pond or in some way you can show that a natural habitat for wildlife is going to be destroyed. Call your local wildlife preserve and ask them for help!
If you shoot someone who trespasses on your property do you go to jail?
Depending on the law in your country/state/province.
I would say in my opinion that you would not go to jail if you could prove your did it in self defense.
Also, this depends on what type of weapon you shot the person with. You could get in trouble for a illegal firearm.
It isn't likely they would take any action. If you make certain they are informed that you are taking steps to honor your financial obligations. Lenders do not like to repossess autos, (or anything actually). It is almost always proves to be more aggravating than profitable.
I was in the same boat,if u file with your lawyer and start the paperwork for your BK then they cannot legally take your car..I was behind 3 months and was scared everyday they were going to come get it,and my lawyers says once we start the paperwork and it is entered then no they cannot touch it.....
You are filing ch 7 and they want a car you already sold?
If it was secured by the loan you didn't have title to sell. If you did sell it, better be prepared for a heap of legal problems from the buyer, because he didn't get clear title....and finally if you got the money...where is it?
Where can a new repo company find insurance?
Here are a few ideas:
Be certain that any insurer with which you do business is authorized (licensed) to transact insurance in the state in which the policy is issued. There are many entities that look like real insurers, but are fake and which only exist to take premium dollars. The only way to be sure is to verify with your Department of Insurance.
You need a insurance broker that specializes in this line of insurance.
Few companies will give the coverages that are required by the banks to run a Reposession company. Many companies that do towing risks will tell you that they will look at the risk and quote it for you but will not offer the Drive away coverage, wrongful tow coverage.
Are there any special requirments or licenses to operate a repo business in Texas?
YES, you have to THINK about what you want to know and have the iniative to look for yourself Does the word M-O-N-E-Y ring a bell? LOL Decent truck=$25K,INSURANCE(IF you can get written)$15Kper year office= phone lines,computer,faxes,cell ph,files,5-10K.
AFTER you get all that, do you have CLIENTS???? Are there other repo companys servicing your area? You dont want a price war to start with.
LAWS. Do you know them? FDCPA, G-L-B,FCRA, ect.... TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Texas State Department of Transportation, Division of Motor Vehicles, 4000 Jackson Ave., Austin, Texas 78738. Tel.:(512)465-7611.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
PLATES: Remain with the vehicle.
http://www.capitol.state.tx.us/statutes/statutes.html
If you have more specific questions, email me. Good Luck
How do you know the SOL has tolled? If you think it has, call an attorney for a free consultation. IF you have a case against the collection agency, s/he will let you know quickly.(there will be MONEY involved). Good Luck
Thanks for your answer! Because according to my credit report, the s.o.l started in 11/95. The calls, threats of sueing, etc. still recently. The collection agency has not "purchased a judgement" from the original creditor, because there is no judgement. The original creditor never filed for one and they cannot because it has been 9 years. It has been removed on the credit report. It is believed their trying to still collect the debt is against the law. Right?
==ans ==
Statute of Limitations (SoL) on debt is the legal time limit that bars enforcement of the debt through the court system. It does not apply to all debts!Not all debt has a statute of limitations! When the SoL expires, it can be used as a defense to bar collectors from collecting through the courts, however the debt DOES NOT go away! Collectors can still attempt to collect the debt using other legal dunning methodsAnd, there is NO statute of limitations on several types of debts, including:The Statute of Limitations on debt depends on the type of debt and your State's civil debt collection codes. Generally, unsecured debt expires 3 to 6 years after the last missed payment or the consumer's last activity on the account. Written contracts such as car loans generally expire after 6 years. Judgments can last up to 20 years and can require the judgment be renewed at a certain point such as the 6-year point.
Generally, the statute of limitations for collecting debts begins the moment you sign a credit contract! However, just about every state has specific rules on the running of the statutory period and some even have provisions to adjust (toll) this period. The tolling can be for many things...even holidays...or from when you said you would like to work something out (and presumably didn't).
The term "toll" or "tolled" means to "stop the running of a statutory period for a certain period of time". Many states use this term in their statutes of limitation rules and civil codes for debt collection.
Very simply, it can be very confusing and hard to calculate when the SOL has been running or not, and again...it only prevents COURT actions which is one of the last methods most collectors use anyway...the debt remains valid and collectible.
YES, its likely called "hindering enforcement of lien or security interest. " the lenders figured out long ago there'd be times like that and got the law passed against it.
Is a court order needed to repossess your car from your driveway?
In Wisconsin, yes. In LA., most of the time. In the other states, self help repossessions DO NOT require a court order.
Yes. The statute of limitations governs how long you remain liable, in the sense that once the statute has expired, a suit by the creditor will be dismissed if the debtor raises the statute of limitations as a defense.
In general, the statute of limitations begins to run when you default on the note or vehicle installment sales contract, not when the car is repossessed. Repossession is one remedy available to a creditor who has a security interest, but it is not the only one. Very few notes limit a creditor to a single remedy. In general, the creditor can also bring a suit against you for the balance owed regardless of whether or not the collateral is repossessed. In most states, the statute of limitations will begin to run when you missed enough payments to meet the definition of "default" specified in the contract or note. Relying on the statute of limitations to avoid a debt has its risks. The statute may be "tolled" by a variety of acts. Leaving the state where the debt was contracted, for example, often stops the clock until you return. In many states, making a partial payment sets the clock back to 0, so the limitations period begins to run from the date of the last payment. In some states, merely making a promise to make a payment, even orally, is enough to re-start the limitations period. Technically, when the statute of limitations expires, it does not wipe out the debt, it only prevents the creditor from bringing suit to enforce his/her rights. In theory, he/she or an assignee of the original creditor can continue to dun you forever, even if they can't take you to court.
In LEGAL terminology the words "breach or breached" mean broken or violated.
What should be on a Repossession Order?
Most of the time: Debtor(s) name, social, last known place of residence, last known place of employment, the legal owner's name and info, authority to repossess, the account information (such as the delinquency, acct #, and other pertinent info).phone numbers and references are sometimes included.
UPDATE.. Debtors name,add, ph#, POE,co-signors nane,add,ph#,POE, VIN of car, description of car, NO SSN,DOB, other personal info. Some states require a copy of the title, written auth. to repo from lender.
A LENDER CANNOT GIVE OUT YOUR SS #.
This is why idenity theft is one of the fastest growing crimes in this country. That is strictly confidential and if the lender does give it out, file complaints with the FTC and see an attorney.
You are wrong, when you sign the finance contract you in 99% of the times give up the information to collateral recovery agents/companies
IF they follow the laws of your state, YES. A repo is a repo is a repo. they may also be able(and more likely if you have a job)to garnish your wages. NEGOTIATE with them, they would much rather have money than the car. TRY to sell the car. Good Luck