Users' questions

What happens when a lender refuses to repossess a car?

What happens when a lender refuses to repossess a car?

This seems like a simple enough choice. WHAT HAPPENS WHEN THE LENDER REFUSES TO REPOSSESS A VEHICLE AFTER YOU STOP THE PAYMENTS? Refusing to repossess an vehicle after the lender stops making the payments is a situation that the law does not handle very well However, the lender has absolutely no obligation to do so.

Can a repo person enter a private property to repossess?

The repo person cannot enter a private property to repossess a vehicle. Do I still have to pay if my car gets repossessed? Yes, if your car is repossessed and auctioned and the money received in auctioning is less than what you owed on loan. Can my car be repossessed during Chapter 13? No, the lender cannot repossess your car during Chapter 13.

Can a creditor use physical force to repossess a car?

That is, the creditor can’t use or threaten to use physical force against you to repossess the property. If the creditor or its agent breaches the peace during a repossession, like by pushing you aside and breaking into your locked garage to repossess your vehicle, you can file a lawsuit against that creditor.

Can a car be repossessed during Chapter 13?

Yes, if your car is repossessed and auctioned and the money received in auctioning is less than what you owed on loan. Can my car be repossessed during Chapter 13? No, the lender cannot repossess your car during Chapter 13. In case the lender bank refuses to repossess car for which you defaulted on the loan, you have plenty of options open to you.

This seems like a simple enough choice. WHAT HAPPENS WHEN THE LENDER REFUSES TO REPOSSESS A VEHICLE AFTER YOU STOP THE PAYMENTS? Refusing to repossess an vehicle after the lender stops making the payments is a situation that the law does not handle very well However, the lender has absolutely no obligation to do so.

When does a car company start the repo process?

Technically, a lender could initiate the car repossession process the day after you first default on a loan. Still, most lenders treat cases on a priority basis, going after second- and third-time defaulters first.

The repo person cannot enter a private property to repossess a vehicle. Do I still have to pay if my car gets repossessed? Yes, if your car is repossessed and auctioned and the money received in auctioning is less than what you owed on loan. Can my car be repossessed during Chapter 13? No, the lender cannot repossess your car during Chapter 13.

Yes, if your car is repossessed and auctioned and the money received in auctioning is less than what you owed on loan. Can my car be repossessed during Chapter 13? No, the lender cannot repossess your car during Chapter 13. In case the lender bank refuses to repossess car for which you defaulted on the loan, you have plenty of options open to you.

Can a Repo Man arrest you for repossession?

In some states, the repo agent can bring an officer or sheriff along for the repossession. This is not to arrest you — it is usually to help keep the peace, especially if the agent is afraid you might retaliate. A repo man can’t threaten you physically.

What happens if I try to hide the car from the Repo Man?

However, if you keep the car locked in a garage or behind a chained gate, the creditor cannot repossess the car because it would be breaching the peace (damaging property). Again, whether you are allowed to do this depends on whether you trying to defraud the car loan lender.

What happens if a car is repossessed by mistake?

Lenders and their hired repossession agents must follow the law when taking a vehicle. If a car or truck has been wrongfully repossessed, the borrower may have the right to sue the lender and repo agent, even if the borrower missed payments or defaulted in some way. Did the lender repossess your vehicle by mistake?

When do car lenders have to notify you of repossession?

If you are behind on your car payments, your car loan lender may repossess your car. While in many states (but not all) the lender doesn’t have to notify you before repossessing your vehicle, there are some notices that your lender must provide as the process moves along.

Can a repossession agent not follow the law?

If the repossession agent didn’t follow the law when they took your vehicle, it may be considered unlawful vehicle repossession. Repossession agents must inform the local police of their intent to repossess a vehicle.

What happens if you hide your car from a repo agency?

If you know your car is in danger of repossession and attempt to hide it, the repo agency will take steps to find you. This could ultimately cost you more money in the long run. Repo agents have specially-designed towing vehicles that can quickly remove a vehicle from even tight parking areas or secluded parking spaces.

Can a Repo Man Enter your house to seize your car?

Repo men can enter your property to seize your vehicle in most states as long as they do not breach the peace. 1  What this means is that they can enter your property to seize the vehicle, but they may not use physical force or threats, and they may not break into a locked garage or another storage facility.

Can a Repo Man Enter your yard without notice?

Your car lease or contract should stipulate when a default status occurs, but a creditor can otherwise repossess at any time, even without notice. In most states, a repo man can enter your exterior property, such as your yard or your driveway, without breaking any laws. However, the extent of his force is limited.

What to know about hiding a car to avoid Repo?

Car owners, especially in the United States, become understandably attached to their vehicles for all sorts of reasons. For many, the thought of losing their set of wheels seems almost unbearable. If you are on the verge of repossession, your first instinct might be to try to hide your car from the repo man.

Can a car be repossessed without a court order?

Because the repossession process is outlined in your loan agreement, your lender legally can repossess your car without notice or a court order. But most lenders will call, email or send notices (or all of the above) outlining the consequences if you begin missing car payments.

What happens to a car loan when it is repossessed?

Consult your State Attorney General or local consumer protection agency for car repossession laws in your state. When a loan is “charged off” after a vehicle is repossessed, typically it means the lender decided the loan was uncollectible. In such cases, the lender takes a business loss on the loan.

Can a Bank refuse to repossess a car in Chapter 13?

No, the lender cannot repossess your car during Chapter 13. In case the lender bank refuses to repossess car for which you defaulted on the loan, you have plenty of options open to you. However, threatening legal action against the lender for violation of the court’s order is an often used option by the debtor.

How can I get my car picked up after it has been repossessed?

To help, get a fax number and mailing address. If you have a fax machine that doesn’t cost more than a local call, send numerous faxes. Also, mail a formal demand letter notifying them that their vehicle sits waiting to be picked up. I can tell you are frustrated and confused about how to proceed.