In our experience here at Kirkpatrick and Associates, that means they will say whatever it takes to get your money.
Stop Repossessions with Bankruptcy: How Your Vehicle Can Survive The “Repo Man”
This could mean being nice, or they may try and scare the hell out of you. Whatever works to get your money, they will do. Most people think they are fine as long as they are not more than two months behind on payments. The truth is that your car can be repossessed if you are even one day late on a scheduled payment. In most cases, the car is not their first choice.
Once the lender has you car, under law, they can sell it and use the money to pay off your debt. In some cases, they will resell it several times to various people, each time charging plenty of extra fees for the repossession, paperwork, legal work, the auctioning of the car and any additional fees laid out in the original agreement,. This is in addition to coming back at you for the rest of the money due on the loan that the sale didn't cover. What these unscrupulous lenders aren't telling you is that there are federal laws to protect you in situations such as this that concern your budget, cause you deep emotional stress, and leave you too many bills to pay.
Federal Laws allow you to keep your car, percent of the time, if 1 you file a Chapter 13 bankruptcy, 2 you need the car, 3 the car is not an unreasonably high priced vehicle, and 4 you can afford to pay your required Chapter 13 plan payments. Kirkpatrick and Associates will do all in our power to help you keep your vehicle.
However, sometimes a car is not worth keeping or the car is an extra car you cannot afford. Using bankruptcy in these cases, we can rid you of the car and the entire debt.
In other cases, we can help you get rid of the car, and substantially lower the amount you still owe on the car. This can be a tremendous help and a great first step in getting you into another car you can afford. However, sometimes a car is not worth keeping especially if the car is an extra car you cannot afford. In other cases, we can help you lower the amount you owe on the car to only what the car is worth and you can keep the car. The lender is listed as the lienholder on the car title and can reclaim the vehicle if you fail to make an on-time payment.
Technically, as soon as a credit account is delinquent, the lender can take action to repossess the property tied to the loan. In the case of a car loan, if you miss a payment, the bank could repossess the vehicle without notice.
Typically, the lender contracts with a third-party company to retrieve the property, such as a towing service that specializes in auto repossessions. Lenders do not need a court order to start the repossession process.
They can shift into gear as soon as you miss a payment. Once the property is seized, it is difficult, if not impossible, for the borrower to reverse the situation.
Why Banks Don't Always Take Your Vehicle in a Car Repossession | GOBankingRates
It is in the best interests of all parties for a borrower to take immediate action to cure a loan default before repossession occurs. The primary way to avoid repossession is to contact the lender before you miss a payment and ask them to negotiate a settlement that makes the account current. Talk to a representative from the bank or credit union where you received the loan. Offer them a reasonable proposal that tells them when you will make the next payment and when you expect to be completely back on track. In most cases the lender would rather come to some type of payment arrangement than take back the property, which may be worth much less than the loan balance and require additional expenses before the creditor can sell it profitably on the open market.
Other ways to avoid repossession would be to find a debt consolidation loan at a lower interest rate that what you currently pay on the car loan; ask a family member or friend to give you a personal loan or co-sign a loan for you;.
Another way that could help you avoid repossession would be to seek shorter loan terms that encourage the borrower to pay off the loan quicker. Auto loans keep have grown from four-year propositions to as many as seven-year loans. Try to find a tomonth loan and stay on top of payments.
The Repo Business
Laws and regulations on repossessions vary from state-to-state and sometimes from locality-to-locality so it is best to consult with an attorney in your area if you are involved in repossession. For instance, a repo company usually cannot trespass on private property to retrieve a car, but in most cases, they may have limited privileges to take a car from a driveway. In some cases the borrower can save his or her car from being taken by calling the police promptly.
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