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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

In the state of Michigan can they take money out of a bank account that has your name on it after they repoessed your car?

It is quite common in Michigan for lenders to seek judgment against a defaulting party in tandem to pursuing repossession of real property. Think about it this way:

Say you are $1000 behind in payments. If the only balance is that $1000, it could become a much greater amount after the vehicle is recovered, stored, transported, and stored again before auction. If the final amount at auction is only $1000, you could still be help responsible for the remaining balance owed.

Another way to look at it is this:

Balance owed on the vehicle: $1000
Recovery costs added to the balance: $500
Legal fees added to the balance: $1500
Collection fees added to the balance: $500
Post recovery storage fees: $450
Transportation fees to auction: $200
Preauction storage fees: $400

That original $1000 balance became $4050.00. Now, at auction, the vehicle was sold for $2000.00. There remains an unpaid balance of $2050.00, and the vehicle that originally secured the loan is gone. The lender must have a way to recover what is owed to him. His only recourse is to seek judgment. In the state of Michigan, a lender with a judgment may recover owed debts by any or all of the following:

  • Garnishment of bank accounts
  • Garnishment of wages
  • Garnishment of state tax returns
  • Liens on other real property such as homes and other vehicles
  • Liens on other forms of income such as produced goods, farm sales, livestock
  • Liquidation of other real property: stocks, bonds, Certificates of Deposit, homes, vehicles, or other goods.

Will a voluntary repossession from your spouse affect your credit?

Yes, but perhaps not as adversely as an involuntary repossession.

If you are a cosigner for someone and they default on the payments and the cosigner pays the debt off can you have the past due amount removed from your credit report?

No, you signed, you are equally responsible for the payments, you are also equally responsible for what happens with regard to default. This is why the lender permitted you to sign as a co-securer of the original loan.

How do you get a co-buyer off of a car loan if they are in default?

You don't. If the cobuyer has possession of the vehicle and is no longer making payments, you as the buyer may take possession and either take up and make current the payments, or voluntarily surrender the vehicle. Failure to do so will result in repossession, and will adversely affect your credit.

How do you know if you are a cosigner or co owner?

A "Cosigner" is a "Co-owner." Cobuyers and buyers are equally responsible for the note they signed.

Will they garnish wages after car repo in New Mexico?

They can choose to if they first obtain a judgment for the unpaid balance.

Use of force to repo vehicle?

Attempts to repossess any vehicle must take in to account and respect the "Maintaining the Peace" clause of the Federal Fair Debt Collections Practices Act. The definition of use of force however is not solely yours. The recovery agent may not in the recovery effort:

  • Damage property
  • Damage the unit
  • Physically assault or threaten to assault any party
Be advised that any attempt to file false charges against a recovery agent may result in you sitting in a jail cell for failing a false police report. Be further advised that any forceful or non-forceful action on your part to prevent the recovery of a vehicle with a valid repossession order could also be prosecuted.

How many days do you have to get back your car after it has been repossessed?

In most states, you as the debtor have thirty days to redeem the vehicle after repossession. This can vary slightly from state to state, and most repossession agencies prefer to turn vehicles around as quickly as possible.

How many payment can you miss on your car with flagship credit corperation?

Before you default on your loan and they put your vehicle up for repossession? It only takes one. Once you have passed the grace period, if you have not contacted your lender, you have defaulted on your loan contract. Regardless of whether or not you become current on your outstanding balance or not, you have defaulted on your contract.

The contract is critical. The lender does not want your car. They sold it to you. They want you to have it and to continue paying on it. It is entirely possible, despite what you might hear from others, that your vehicle can be put up for repossession the day after the grace period of your payment schedule.

If you are behind, call them and make other arrangements. They are likely to work with you, especially if you have a good record to this point.

Because, and this is critical, if you fail to honor your contract or do not make a good faith effort to remain in contact with your lender, when you least expect it, when it is likely to be the most inconvenient time, a repossession agent will find your vehicle, pull it onto the the back of his truck or hook it up, and he will drag it away. You might realize what has happened when you walk out to your drive at zero dark thirty in the morning to go to work and find an oil spot where you left your car, or you may be left standing in the parking lot of the Piggly Wiggly with your ice cream melting and the kids crying.

I know that may seem harsh, but repossession is an entire industry designed to do nothing but to find vehicles whose owners have not lived up to their commitment, and separating the two.

I know, because I used to find those vehicles, and no one ever got away with hiding one.

How long after defualt before car repo?

Depends,if you mainyin open channels w/loan dept.,you can make remedial payments for quite some time. i repo bikes & have seen them p/u in less than 6 weeks to as long as 6 mo. CONTACT,CONTACT,CONTACT! They do not want your car back!

I made a agreement of payment by this Friday can they still repo me?

Yes, as long as an active repossession order exists, the vehicle will eventually be recovered. If it is seen in towing position by a recovery agent, he will take it. Keep in mind that many repossession agencies have spotters who do nothing but stake-out wanted units, or look for them in public locations where recovery agents may secure them. Any attempt to hide the vehicle or prevent the recovery could be prosecuted. Repossession is a time game, an inevitability. Hundreds of thousands of vehicles are repossessed in the US every year. Less than 1% of 1% of the vehicles up for repossession are successfully hidden for any significant time. And, some states are passing laws that will prevent parties who have active repossession orders against vehicles registered to them from registering any vehicles in that state. If you have active arrangements with the lender, hope your payment reaches them before the recovery agent is able to secure the vehicle in question. Be certain to contact the lender and get their assurance that repossession activites have been cancelled once the payment is received. Your best course of action is to take the payment to the lender, and while there have them call the repossession agency who has the active order and witness them cancelling the order.

Can you reopen a car loan account that has been charge off to pay it off in a payment plan?

No. Once the loan is charged off, it is technically off the lender's active books. It is still advisable to pay off the charged off amount so as to correct any issues it may have created for your credit rating. Be advised however that if you do not have a signed agreement with the lender, they are not required by law to accept any partial payments, and can refuse anything less that payment in full.

Can you pay your car loan that is 6 months behind on payments?

If you paid a six month balance to the lender in one payment, they would be giddy. The lender does not want your car. They want your money. They will take your car, but only so it can be sold so they can put that toward what you owe.

What banks in Florida have wage garnished for auto loans?

All banks in Florida, Georgia, the Carolinas, Virginia--wait!--All banks in every state will garnish your wages for unpaid balances for which they have a judgment. This is a common practice in the collection industry. And, if they can locate it, they will garnish your bank accounts and other assets as well.

If you are late on your own loan payment and you are a co-signer on your daughters car can they repossess her car?

This is a unique scenario, but not totally uncommon. If both vehicles are financed through the same lender, then that lender may do what is called a conversion of collateral. When this is completed, then yes either vehicle may be repossessed for default on either loan.

How long does the company have to take possession of the mobile home after notice of Repo?

Try this, if the repossession agent/hauler arrives at the home to find the debtor present, and hands him a copy of the Notice of Repossession, that is long enough. The problem you may run ito is that if the home is being occupied, you may also have to serve a Notice of Eviction as well. This can get complicated. It can take up to six months (in some cases a year) to legally evict in some states.

Can a buy here pay here car dealer charge you interest?

This is on a car, and you are not paying the balance of the price of the car in full, then yes. You are buying on installments. It is common financial practice and has been for about the past three thousand years to charge interest. Legal, ethically, and morally they can charge you interest. Where it becomes still legal but less ethical or moral is the amount of interest they charge you.

How long do unpaid car loan stay on your credit report?

Any unpaid loan will remain on your credit record for seven years from the last date of payment. In the event the lender obtained a judgment against the debtor, it will remain on the record for ten years past the date the judgment was issued. In some cases, if the lender obtains a judgment, the account is not paid, and the lender obtains an extension, the record will remain for an additional ten years past the first ten.

Can chase bank take money from 83 yr old elderly mother s chase savings account that son is executor on to pay for repo car even though mother had no interest in loan?

I'm trying to get this straight: if the son is on the account, and the son has an outstanding debt, and Chase has a judgment or the account is a Chase account, then yes. It does not matter if there are thirty people on the account that never signed for the loan. The fact that one person did is enough provided that person is indebted to Chase.

Can someone else register your car for you?

In most states someone else can register a car besides the titled owner if the proper paperwork is signed by the owner. The title will need to be filled out and signed by the person who will own the car.

Can repossession companys gather private information?

Yes, a repossession company can gather what ever information is necessary to recover a vehicle or to secure the loan for the lender. This can include and is not limited to your place of employment; locations you may frequent, your residential address; the addresses and phone numbers of any references you listed on the loan application; the phone numbers and names of your neighbors in any attempt to contact you or locate the vehicle; the names, addresses, and phone numbers of your family members in an attempt to contact you or locate the vehicle; and, any other information that progresses the recovery of the property. Additionally, they have the resources to discover your private cell phone numbers and numbers of unpublished landline phones.

Can A Car loan deficiency be owed in California if the Car is repossed?

Yes. As the comaker on a loan, you are equally responsible for its payment. In the event the other party defaults, you either pay the loan yourself, convicne the other party to, or if able file bankruptcy.

Can a auto finance company garnish your wages in a repossession?

Yes, if they obtained a judgment in the processes. No employer will release wages to a third party without a valid order of garnishment however.

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