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- You know if you have paid the payment or not. It's not the bank's job to let you know that they are going to repo the car. I made my car payment on my husband's business account, in which I am not a signer. I did this by complete mistate. The check was returned and the bank repoed my car without informing me that I had a returned check. During the repo, the landscape work done on our property was torn up. The tow truck drove over all of my plants.
- "I didn't get a repossession notice." is about as ridiculous as saying "I didn't know I had a car payment." The bank owns your car (not you) until it is paid off. If you LEND (exactly what a bank does when they give you a LOAN for a car) your neighbor your lawn mower and it's sitting in his yard the next day after he used it, don't you have the right to take it back? Same concept. If people would only READ the loan contracts they sign, then they wouldn't be so "shocked" when their car gets repossessed after they don't make the payment for 4 months.
- The bank does not own your car until it's paid off, you do. The rights you have are almost infinite. If people only knew all they had to do to stop the repo man was say "Don't take my car." Well, if only most repo men would listen. Once that is said and the car is still taken, they can be held liable in civil court. It's what is known as an "unequivocal oral protest" and most state case law will back it up. But unless you have a payment receipt from the bank, you cannot prove to the repossession agent that you have paid.
- Post-Repossession Notice: Under California law, the creditor must send you and any co-signers a special post-repossession notice. The post repossession notice tells you about your right to reinstate the loan, and must contain nine special disclosures. You should have an attorney review the post-repossession notice if you have been sued or contacted by a collection agency. If the post-repossession notice was never sent, or if it does not contain all the required legal disclosures, the creditor may not collect any money from you.
- If you succesfully hid your car from the Repo man the next step for the creditor to do is take you to court and even if you lose, the Court will give you a "Right to cure" letter stating that you have 20 days to make your car payment current. Which should give you plenty of time to catch up. But if you think there is no chance to make your car payment current, even with this delaying tactic, the best way is to negotiate or re-schedule payments with your creditor.
- By the way, if you decided to negotiate with your Creditor to make a payment arrangement or whatever necessary arrangement to avoid repossession, never negotiate with any representative that does not have any authority. He will only demand the car be returned or the payment made current. Speak, e-mail or send a letter to the Manager or Supervisor that has the Authority to negotiate or alter the loan agreement. In the meantime, hide the car from the Repo man till you decide what you want to do.
- My car was repoed because the bank told us they had combined my husband's truck payment with my car. Therefore "our payments" were one. Every payment was made under "both" names. Two months later our bank called me and said I was $800 behind, which of course I did not know, and the bank demanded the money stating that we knew our payments weren't combined yet. Therefore, my car got repoed 2 days later because I had no extra money to pay the $800. The funny thing is, every time we made our payment, we asked the woman if she was sure they were combined and we were told, "Yes they were combined". Unfortunately, you have to have a copy of the paper you signed to combine payments with "both" vehicles listed on it. Unfortunately for me, and the lesson was learned, only one vehicle was listed on that paper that my husband and I both signed to combine payments.
What else can I help you with?
When a repossession notice has been issued for a motor vehicle can the registration be renewed and if the car is pulled over by the police will the police hold the car?
A "repossession notice" is a civil matter. A police oficer cannot hold the vehicle for repossession. Unless, there has been a court proceeding and the judge has ordered the vehicle held if stopped. A repossession notice also cannot stop the registration of a vehicle.
Does a creditor have to give written notice concerning repossession of your car?
NO
What is repossession notice?
The most common type of repossession notice when a person has not been making loan payments for a car or truck. If the lender does not receive payments, the vehicle may be towed away.
What is the post repossession notice required in Texas?
In Texas, after a repossession, the lender is required to send a post-repossession notice to the borrower within a certain timeframe, typically within 10 days. This notice must inform the borrower of the repossession, provide details about the sale of the repossessed item, and outline their rights regarding redemption. The borrower has the right to reclaim the repossessed property by paying the outstanding debt and any associated costs before it is sold.
Does a creditor have to give some kind of notice in Oregon when your car is up for repossession?
No. The contract you signed when you financed the car gave you the terms and conditions which had to be met in order for you to retain your vehicle - that's your notice, right there. Creditors and repossession agents tend not to give notice, largely because debtors have been known to try to hide vehicles or evade repossession by other methods.
What are the 9 disclosures under the post repossession notice?
See link below
How long does an auto repossession and a home foreclosure after stay on your credit report?
NOTICE OF DROPPING PARTY DEFENDANT
What can you do if you bought a car from a person who is not licensed to sell cars and he repossessed it without notice?
Were you in DEFAULT of the contract the car was collateral for? If so, not much to do about the repo except pay up. Obviously, the "not licensed" part didnt bother you when you bought the car. Call a local attorney for state specific advice. In many states, notice of repossession is not required. The licensing of the seller is neither here nor there, because that does not affect the fact that you owe him a debt. There may be laws regarding your rights to reclaim the car after paying the back payments and costs of repossession.
What are my rights for auto reposession in Colorado?
The car company generally has to give you notice before going through with a repossession. Also, they should give you the opportunity to pay the outstanding bill before resorting to a repossession.
How should you be contacted if the car you cosigned on is being sold?
In a few states both the primary borrower and the cosigner must be notified by the lender through a "Right To Cure" notice before repossession action can occur. In Wisconsin a replevin order is necessary before a repossession can take place, but the cosigner is not always notified. In the majority of states the lender does not need to give either the primary or the cosigner notice of repossession action.
What does charged off mean on a auto repossession?
It means the lender wrote off the interest they DIDNT get from the debtor. Its just an accounting term.
What is it called if the bank has to take your car back for nonpayment?
its called repossession, which is the name of the category you put it in, so its odd you didnt know that
