Generally best to not let a car be repossessed as you will be shocked how little your car is sold for at auction leaving a huge deficiency and you can be sued for that balance. But I can't make the full past due in 7 days like they're asking and they won't let me make payment arrangements. Bottom line- try and get your vehicle back if you feel there is equity. If they are aggressive and sue, what does that look like? Eventually if you refuse to allow repossession the creditor may apply to the Court for a “claim and delivery” with the Clerk of Court where they ask for a Court Order directing legal assistance in repossession. I never received a letter or phone call saying I was late. Big banks are usually much more forgiving and use repossession as a last resort. Please Help. My bf woke up this morning for work and noticed that my car was gone. My car was repossessed on October 24 and i managed to get it back on Nov 10. The finance company told me that I was responsible to pay $300 for the repo fee, for the attempt last night. You may also consider speaking with a bankruptcy lawyer so you can start rebuilding your financial future sooner than later. A short sale will negatively affect your credit, may not always go through to completion, and you will still be required you to find a cash-buyer for the home (who is also approved by the park). I've paid money to switch tags, lost lots of time trying to fix this car, & now I'm worse off than where I started. I missed my first payment and now I am 29 days past due. You may also want to sue the body shop for simply handing over your car with no proof of anything. A woman knocked on my door to tell me she was to repo my car because, I was 49 days past due in the amount of $330. I would be just as upset with the insurance company. If your car was totaled during that lapse you would be looking to sue your insurance company. Bankruptcy I called the bank and asked why was my car picked up. Other than maybe calling the NC attorney general office you need to get a lawyer and sue! Just assume she will try and take the vehicle when she feels like it. There may even be an arbitration clause in your contract with the lender prohibiting you from even filing a lawsuit. Is there a reasonable time limit or amount that can be charged. After an exchange of words. Unless you have your "agreement" in writing it isn't much of agreement. Will they not not return the car if you catch things up? Either find a cheaper mechanic or let it go would be my advice. - After default, a secured party: You would need to check your contract for any notice requirement and any applicable State law, but often no notice is required. He said the payments were 9 months behind ( which is wrong because I have been paying it and have bank statements proving that I have. I fell behind in my payments several time and was able to recover but this time was different , my knee became injured and I just started a new job, so I went on leave for a couple a weeks and no pay what cause me to fall behind in my payments again. Of course the vehicle is no longer worth that amount, being 11 years old, but the blue book says it’s worth around 20k. These are privately-run sites that contain information about government auctions. My advice is get something in writing that paying the $4,000 will bring you current. At no point did I threaten or curse of get loud with the tow truck driver. You may want to think about filing a small claim action, but may decide that is not worth the time and $100 filing fee. The contract usually controls- so take a look at that first. Or it would be a wrongful repo? And that she has none of the money we've already paid her. (a) Possession; rendering equipment unusable; disposition on debtor's premises. I can play what's in the rear... About 2500... Can they refuse my payment? They do not have possession of my vehicle yet, and I have a garage, but at this point, I need to know what to do next. Any suggestions as to what else can be done, or is this a no win situation, since they don't seem to want to work with me. How do I do that, The forms are available online on your local federal bankruptcy website and there are books on how to file pro-se. My dad paid everything for me so I'm on my way to pick up my car now. In the future have a signed contract because at this point they may claim it was a lease. There usually never is a repossession order- it is simply done pursuant to the contract. I asked if I could help them and he informed me that he was sent by the finance company to gain possession of the vehicle. What rights do we have in case where we feel we have done nothing wrong? CORONAVIRUS vaccine rollout starts in less than 24 hours, marking the beginning of the end of the pandemic. She told them not to contact the number I gave(mine) when leaving the car; instead they were to call her number (w/ them thinking they were speaking with me the entire time. Shop Chevrolet Equinox vehicles for sale at Cars.com. If so, I guess I will go and ask for proof of debt. The house we live in is paid for that has a life estate on it for her mom. When my boyfriend called the repo guy about an hour later, he asked him how he knew my name and the repo guy said he ran the plates on my car that was sitting in my driveway. Some buy here pay here wants you to get behind. You could also consult with a local attorney or file a complaint with the NC Attorney General. Can your vehicle be repossessed if there are no plates on the car? My advice is contact your local legal aid office. What legal action can I take towards the place that wrongfully repossessed my truck? My mother's credit is terrible now as a result of my sister making late payments. I bought my second car from a buy here pay here company. While this was going on I attempted to contact the finance company to gain clarity because I knew my payments were current and I wasn't behind. 252-937-2152. I recieved a letter today saying NOTICE TO CONSUMER OF OUR INTENTION TO PURSUE OUR RIGHTS AGAINST OUR COLLATERAL.Also, that the automatic stay under the Bankruptcy code had been lifted. Take A Sneak Peak At The Movies Coming Out This Week (8/12) Miley Cyrus kicks off first Big Concert for Small Business; Will Smith gearing up to get Fast & Loose ? Rachel LevineRachel L. Levine is an American pediatrician who has served as the Pennsylvania Secretary of Health since 2017. Thank you for your response. Companies can set whatever policies they want regarding return of repossessed vehicles. So they have not seized your car yet? If it sits on my property for so long without someone getting it, wouldn't that be considered abandoned? I offered to pay the full balance within a week but they said they will still need possession can they not accept the full payment to catch the bill back up and just choose to repo the car? If they damaged another car in your yard you could certainly sue for damages. The car was gone after a few days. I would argue your financial responsibility for the attempted repo all hinges on whether you were in default of the contract. When they came to my wife’s job the person who was Repo in the car gave her a false company name told her they were there to fix the crack in the windshield and drove off with the car I haven’t received any notification from the creditor or the finance company I was only contacted by the dealer and now the dealership is not responding So I can get my personal belongings out of the vehicle. I offered a payment plan past the due date and they rejected it. He made pymts on time, then I started getting calls from the finance company. 1948 Cadillac Restomod Roadster Roadster Convertible for SALE to a GOO $63,750 (Desert Private Collection (760) 313-6607) pic â¦ The motorcycle was not and has never been used for collateral nor has it had a lean against it. I know it’s rightfully there’s since I can’t pay for it. My last question is, Were still still on probation? We lost everything over that cop wrongfully flexing his authority. But I have not been working. Cars almost never sell for full value at auction, which is most likely how the vehicle was sold. Although they can't "break" into your garage, some do anyway. It appears that is something fairly easy to remove for someone knowing what to look for. Call today for a free estimate on mechanical work, body and paint work, details, oil changes and more. Where can I search for seized cars for sale? A Chapter 7 does not provide for curing what you are behind on the vehicle. We refused to let him have the car. I have had my car for 2 years and feel behind once due to a new transmission needing to be installed. Never missed a payment and had insurance on car. I have a question on repossession, I had unpaid debt, like most back in 2015. I am not sure what you are asking. I have been paying 256.11 for 10 months which puts me at 2561.10 plus the 1200 I put down would leave me a remaining balance of 3761.10. They never called text or emailed me. And he's in the hells Angeles so the threat was real. We got a phone call in mar of saying that since we had been paying extra on the car we were able to pay it off early. So I ended up paying 2pymts and a repo fee. wikiHow's. If you feel the creditor violated the contract you may want to consider suing them or making a complaint with the NC Attorney General Office. References. What are my rights? Just now walking with a slight limp. I called the dealership to be sure that they won't just give her the vehicle since it is registered to me, but they said since she is the lienholder that they will still give it to her. Continued from last comment... My car got repossessed and due to falling behind on my payments. The lender is going to choose whatever collection method they prefer. You should speak with a local bankruptcy attorney- many offer a free consultation. You might also use a credit card, which is safer to carry than cash. Is there no time frame set for remedy? what do I expect??? On a recorded line, do I have any thing I can do about that. I had some unexpected things come out of my account as we all do and there wasn't enough to cover it. There are 20 references cited in this article, which can be found at the bottom of the page. I'm actually living in my car with my dog at the moment. Maybe see if you can get the police to go with you to get your vehicle back. My guess is it was just a screw up, by either the bank or contracting company. I have read through a lot of posts from your site. At some point they have to make the car ready to sell at auction. That being said I seriously doubt the local DA would be very interested in prosecuting a Repo man for using a GPS to locate and repossess a car, nor would many lawyers be interested in trying to sue a Repo man under those circumstances. My car is out for repossession however I have an attorney working on filing a chapter 13. Will we be able to get them to come back professionally clean it? 3. My brother's name is on the title, and the other man is listed as a lien holder. Regarding your bodily injury you should contact an attorney who specializes in personal injury for an action against the repo company and perhaps even the finance company as well. What happens when a repossession goes on your credit? If so there may be notice provided for in the contract for a GPS and it may even be a violation of the contract for the owner to remove the GPS. Hi Jason. If youâre interested in an auction, make sure itâs open to the public, since some auctions are only for car dealers. The good news is NC does not allow wage garnishment for normal civil judgments. Somebody at the finance company knows where your car is- just keep calling back and ask for a supervisor. It took a lot of convincing to tell them I owned the property with my mortgage company and they has ZERO right to be on my property. Tow companies charging a fee to return personal items is a common tactic to make extra money. I bought my car in 2014..in 2015-16 I started to get late in my payments and they allowed me to do deferment..I recently got back behind and haven't made payment since September 2016..and they were still working with me to catch him up..well I have no money to pay them but I need my car for school..the car is not at the address listed..actually no where near it..how long could I keep this going w/o payment and avoiding court/jail time of any? The other strange thing is this "partial" insurance policy. I got my mortgage and put my 20% down. You may have more rights than you realize! I made a car payment but they still repossessed my car. Generally speaking when you are past due on a car the lender has the option to accelerate the note and demand payment in full. Upon default, the lienholder generally has the right to immediate repossession unless there is a "grace period" provided for in the language of the contract. My fear is they’ll run off with the car if I wait till due date. As he was cuffing me I asked am I being arrested he replied yes and I said for what. Sounds like either the mortgage company or contractor failed to update the status of the house. Is this legal? That being said your stuff missing is certainly an issue. You need to call your finance company and find out why they took your car. What is my recourse? They say that due to the state I live in (NC) and because of it being a new account that its the company's policy to not return the vehicle. So I was trying to figure out what to do with my car, I was unable to pay on it due to health issues and the last time I spoke to the company I told them to come get the car for repossession however they haven't came to get the car and it sat in the same place for almost 2 years now. She did not have any right to sale the trailer. We got married 2 years ago. Sorry, but I don't really have an answer for you based on those facts other than to keep trying to get something worked out in writing. What are the allowed to charge me and do they not have to provide that in writing, or a even a receipt because I was missinformed or the addition 300.00. Is there a certain time in North Carolina that a repossession can take place? If you have a car licensed in NC but you now live in another state & have not changed plate & are behind on the payments, who has jurisdiction over the repossession Also do you have to tell the finance company where you are living. I don't have a lot of other debt to warrant a bankruptcy, and as a single mom of 3, I have no expendable income to even send payments. I never had that problem before the Repo. What was the loan amount and interest rate? Especially if he isn't on the loan. How Do The Steelers Clinch Playoff Berth: 6 Dec 2020 We could see plenty of drama down the stretch as teams jockey for The Dolphins loss clinched a playoff berth for the Steelers before The exemption is 35000 for a home but our house is worth more than that. What do I do? I recently agreed to use the help of my mom to purchase a vehicle. 1. The repo guy frequently came to my house to get my car but was unsuccessful because I always had it in the garage(he even offered my bf $50 to help him get it but my boyfriend refused) Anyways, I have moved and apparently they have not been able to locate me. They charge you high daily fees for parking that are added to the towing fees. Would it be beneficiary to seek more? Do you have the vehicle title where you are listed as the lienholder? You would need to meet with a local attorney who can review the court file and knows your local judges. The car was most likely maintained by the owner before being seized. My parents are old and get upset each time law enforcement knocks on their door or calls which is approaching two dozen times just for this car. Take a look at my old blog article about Fair Debt Collection violations: I feel stuck with this vehicle! Unless they have a perfected security interest they should not be able to simply repo in NC. I paid the rims with a credit card and still owe a small balance. It would be in the contract unless some State law overrides the contract provisions. Because of this, dealers want to close out each month with the best figures possible. 3 3. While working there, we were told they CANNOT repo a vehicle unless they can CONFIRM the vin # (which I've covered up). General rule is if you are in default the lender can attempt a repossession. He explained no the 21st is the day it is late. Thank you for all your responses, Jason. If it does you may be bound by those terms. We are behind 2 payments and told them we'd have most of the 2 next thurs the 4th, they refused said it had to be by the end of month or they would repo. Not sure why they would send this letter unless they thought you still owed them money of on the vehicle. You should ask your insurance company for a copy of the letter they allegedly mailed to your house. It is likely one of those situations where if the item is important enough people just pay up because the Court option can take many months to ever see a Judge. My father was nice enough to sign a loan for my fiance and I for a car so we can get a good interest rate and we would make the payments on the loan. Do you have proof in writing or otherwise that they would hold off on any repo? A link to file a complaint is provided in the article above. Lele, You can always contact the NC Attorney General's Office to file a Complaint or ask about the legality of actions of the creditor. By using our site, you agree to our. Whooooooo-hooooo!!!! Thanks for any suggestions. So I called them to see how much I have to pay to not reposes my car and they said I only have to pay the past due and fees. It is supposed to be ready tomorrow. Meant to include contract language: “ My car was repossessed and I was only 7days late. I know for major dealerships they give you up to 90 days before they have repossess of the car. Not in a safe place? I did not reaffirm a secured debt , with a collateral of my 2005 Chevrolet. If you feel your vehicle has been illegally repossessed then you may, . The creditor has filed the car through their insurance as a total loss, and their insurance has paid the full cost of the car to the creditor and now the insurance company is harassing me. This is her only asses, other than her SS benefits. If I pay to have the vehicle repaired it could be repoed at anytime. But actually was due on the 11th of the month. I would certainly file a complaint with the NC Attorney General in Raleigh if this happened in NC. We tried to explain to them that we have made the payments and have receipts. However I won't have all of the money until four days after its due. I know it’s about my car. Camera affixed to, in this case, a tow truck. Does she have a key? If I refuse to pay it, is that a breach on my behalf? If so, should I receive notification that informs me of this? My car was in the shop because the transmission were gone. Silence is your enemy- best to always call the moment you get behind to let the bank know you intend to pay. You don't have to tell them anything if you don't want, but see the caveat in #2 about refusing to talk to them Paying for a car you don't have is never an easy decision, but the alternative is risk being sued. I would not ignore the letter- ask for proof of the debt. I recently had my car repossessed on Monday. I have a house that has some equity and my personal pickup that is paid for and my wife’s car is paid for. What can I do? Could we be charged if we take the vehicle somewhere else until the money comes and we have it paid off? US Car Tool in Durham, NC, talk to John Paseman. They need to pay. You would need to check the default provisions of your contract. February 8 - February 16 Burlington, NC A to Z Auctions is proud to represent the Huffines-Page Estate in liquidating the contents of their historic 250 year old Elon, NC Homestead. I am being threatened with repo of my car. You may want to contact the attorney general in your state to see if any such limitations apply. Other good websites include governmentauctions.org and gov-auctions.org. I was also told if anyone from rent to car payments (buy here pay here) if they take your money then basically they are stating they are allowing you to keep your items (taking it and cashing it) until you pay something again. That being said disclosing the debts of your boyfriend to you may be a Fair Debt Collection Violation. Whether the dealership can require you to pay in advance also depends on the contract. I called my finance company, told them of the situation, sent documentation, etc.. Why did it take from 2013 to 2015 to get a discharge in Chapter 7? HOW FORTUNATED AM I?!!!!?!!! After repossession of a vehicle the creditor is required to provide you written notice of the sale information. Yes, I am on the title as well. Can i do anything about him taking my contract? On August 14, 2019 my car was repossessed. I was always told you had to be 90 days with no payment before they could come and get it. Where I have been working with an "Accounts Manager", They sent me the work order, which had expired and they told me they still managed the property. This is the first of many auctions to â¦ Are you on the Title in addition to the loan? Also, can the dealership just give a car to whomever regardless? But, if they don't take your money they have the right to repo or even evict. My insurance,like my car payment, is drafted from my account. Are you are asking about the finance company installing a GPS to locate a car for repo when behind on payments? When you say they "accepted" the payment did the money actually transfer? Repo men often try in the middle of the night. Similarly, when the Central Bank performs open market sale of securities, it results in decrease in the bank reserves. Hi Jason, Basically, this is the remedy for a secured creditor when someone keeps a car locked in the garage for instance. I am more of a debtors' rights attorney and this blog does not constitute specific legal advice. My guess is the dealer will deny taking your contract and receipts- did you pay cash or can you prove your payments via another method? I have a lien on this truck and can i repo this vehicle from the lot. Then he took out a clipboard to my drivers side windshield where the VIN number is and apologized and left. I was out of the office yesterday and saw the email this morning when I returned to the office however by then my car was already taken, less than 24 hours later. (Other than a possible recording of her saying she was repoing it because of a very trivial unrelated personal matter) Was this a high interest loan? He should probably speak to a local attorney about what would be his best option going forward such as (1) setting up a payment plan, (2) ignoring the debt and seeing if they sue, (3) filing a bankruptcy to discharge the debt. You might need to sue your finance company too if they mistakenly told the repo man to take your car. Any suggestions as to how to proceed? How can they take my car from me because I had an accident? I have had the repo company tell me that if they are not able to locate the vehicle that the local sheriffs department will have to "serve papers" to me concerning the vehicle. I would recommend contacting a probate lawyer for advice. I will do that. My car was repossessed last night in the middle of the night. What do you think would be the best thing to do? Does filing Chapter 7 help get the finance company off your back and allow you to keep the car and make resonable payments. Or become one of the thousands of small businesses joining our community today. Since then, she's gotten mad & is trying to be spiteful. When you contacted the lot to return the vehicle did they say they would release you from that loan or did you assume they were releasing you from the loan? 2. I asked her if it was fees or something another that was added to my $250. Thank you for this stage to ask questions. No one ever told me of the 900.00 I would be paying to get the car back or I wouldn't of wanted the car back. Niël Terblanché AN average of seven people died per day over the past seven days as a result of COVID-19 in Namibia. Can't seem to get around her. www.swlawnc.com/blog/fair-debt-collection-violations-in-nc. As I do not handle estate work I can not properly advise you on how to proceed. 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