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Updated 1/23/2023
Generally speaking if you are behind on your car payments or fail to maintain required insurance that can trigger a "default" under the contract. Upon default, the lienholder often has the right to immediate repossession unless there is a "grace period" provided for in the language of the contract. That being said, creditors do not have the right to “breach the peace” to execute a repossession. So what exactly are the repossession rights of a secured creditor upon default? Let’s first look to the actual statute: N.C.G.S. § 25-9-609 (Secured party's right to take possession after default)(a) Possession; rendering equipment unusable; disposition on debtor's premises. - After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under G.S. 25-9-610. (b) Judicial and nonjudicial process. - A secured party may proceed under subsection (a) of this section: (1) Pursuant to judicial process; or (2) Without judicial process, if it proceeds without breach of the peace. (c) Assembly of collateral. - If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. The above statute applies to secured creditors. So who are secured creditors? Generally speaking, whoever is holding your title is usually a secured creditor and has the right to repossession via contract. Sometimes even Best Buy, Rooms to Go, or Dell Computer is a secured creditor pursuant to a purchase money security interest. So what exactly does it mean to “breach the peace” during a car repossession? The term has intentionally not been defined by statute, leaving it up to the Courts to decide. Some Courts have interpreted the following items listed below to be a breach of the peace. What is a breach of the peace?
Essentially- the Repo man can’t break into your garage to retrieve a vehicle, although they can tow a car parked in your driveway or on the street. If the Repo man knocks on your front door you have no legal duty to open your garage for him to gain access. The police also should not be involved absent a Court Order via “judicial process” mentioned in the statute. 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. “Claim and Delivery” requires the creditor to go to Court and may even require the creditor to post a cash bond, which is often their last resort. Accordingly, that remedy is rare when it comes to repossession of household goods, which can be easily hidden and have little resale value. Furthermore, removal of HVAC units or windows is often cost prohibitive. Can my car be repossessed without notice?You would need to check your contract for any notice requirement and any applicable State law, but often no notice is required. Furthermore actual notice may intentionally not be provided so you don't hide the vehicle. How long does it take for a car to be repossesed?The answer varies by creditor, but upon default there often is the right to immediate repossession by the secured creditor. That being said larger lenders are usually not looking to repossess a vehicle the first time a payment is late. Some buy-here, pay-here lots repo at the first opportunity simply as a way to sell the same car over and over again. Can you get your car back after a repo?You have no specific right to cure any default in North Carolina like a home foreclosure and hence you are at the mercy of the creditor for return of the vehicle. Be aware larger creditors such as banks, credit unions, Honda Finance, and Ford Motor Credit and much more forgiving than buy-here, pay-here lots. If you can't work something out Chapter 13 bankruptcy may provide a last resort to recover the vehicle other than lump sum payment in full of the entire loan balance. What happens after repossession?After repossession of a vehicle the creditor is required to provide you written notice of the sale information. Any proceeds will be applied towards your unpaid balance. Although, a creditor may allow you to cure any late payments and return the car, they are under no duty to do so. You do however have the right to pay the balance in full before the sale or even file a Chapter 13 bankruptcy to regain possession and resume payments. Whatever your current situation, know the law and understand many Repo men do not follow the law. If you feel your vehicle has been illegally repossessed then you may file a complaint with the NC Attorney General. It is advisable to remove your contents from a vehicle at risk of repossession as contents often disappear at the impound lot. Furthermore, vehicles are often damaged during the repossession or parts may disappear while awaiting sale. Generally speaking if you are behind on your payments silence is your enemy. Contact either the creditor or an attorney to seek alternatives as repossession usually leads to a deficiency for which the borrower is responsible and the creditor may even file a civil summons lawsuit to collect the unpaid balance.
In conclusion, it is imperative to locate and read the fine print of the contract and speak with a lawyer about any questions you may have.. Although some provisions may be invalid if they conflict with State law or public policy the contract often controls what a creditor can and can't do. You may have more rights than you realize!
458 Comments
Jason Witt
4/17/2015 11:04:48 am
Well- the creditor may elect to sue for any remaining balance or simply decide to write off the debt and issue you a 1099-C. They usually will report the repossession on your credit report. Whether they decide to sue depends on how much money is still owed and how aggressive the creditor is.
shelley
7/11/2015 10:23:16 am
The finance co repossesed the car and sold it. I just got a letter in the mail saying i owe the deficiency of $7634.67 due in full within 10 days. there is no way I can pay that... I couldn't afford the car I surely can't afford to pay this. what do I expect???
Christie
10/5/2015 06:01:06 pm
I filed a chpt. 7 Bankruptcy in june 2013 and was discharged in oct 2015. I did not reaffirm a secured debt , with a collateral of my 2005 Chevrolet. I continued to make my payments. I made my last pymt last Friday through my billpay electronically to the BB&T. 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. Because I filed for bankruptcy and was discharged, that I had no personal obligation to pay any amounts owed and no longer liable. The original amount of loan was 23,000 and I made my last pymt Friday. Can they try to take my truck? I am worried.
Jason Witt
10/5/2015 06:12:19 pm
Why did it take from 2013 to 2015 to get a discharge in Chapter 7? That is not normal. Do you mean Chapter 13?
Amy
11/3/2015 03:45:16 pm
I am considering allowing my car to be repossessed due to ridiculously high payments from being upside down. There will surely be more owed after they auction it, if I go this route. If they send a bill for the remainder, which I cannot pay, is it effective to request that they write it off and send the 1099-C. If they are aggressive and sue, what does that look like? 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.
Jason Witt
11/3/2015 04:07:30 pm
The lender is going to choose whatever collection method they prefer. Requesting a 1099 is likely a waste of time.
Kin
9/7/2017 10:13:34 pm
Can you tell me if it is legal to repossess a vehicle during a declared state of emergency in NC
Jason Witt
9/7/2017 11:07:40 pm
You would need to contact the attorney general in your state to verify any special emergency laws.
Tristin
2/10/2023 08:47:16 pm
Can soming repo my car even if we had a venal agreement that I didn't owe them no more
Jason Witt
2/10/2023 09:01:16 pm
Proving a verbal agreement in court may be difficult. They will likely deny any such agreement. For specific legal advice on whether you can sue for unlawful repo you would need to consult a local attorney.
Ireana Darity
1/17/2024 04:46:59 am
My car got repossessed again tonight. Since this is the second time, can I pay the full balance and get my car back ? The Emergency Break was on and I think they may have broken something on the car too would they be responsible for that? Also if the repo men damaged personal property to get to the car, what do I do about that ?
Jason Witt
1/17/2024 10:27:39 am
When you say full balance do you mean pay off the entire loan or just catch up what you are behind? If they damaged your property you may want to file a Complaint with the NC Attorney General.
Jason Witt
7/11/2015 11:14:00 am
The creditor could eventually sue you for the money, continue to harass you with letters, or you may never hear from them again. Another option for the creditor is to simply write the debt off and send you a 1099-C that may increase your tax bill.
James Allen
9/10/2015 03:18:35 pm
What if your budget doesn't even have room for Bankruptcy
Jason Witt
9/10/2015 04:35:12 pm
What do you mean your budget does not have room for bankruptcy? Do you mean you can't afford an attorney? You can always try legal aid or file pro-se and ask that filing fees be waived.
Angela
7/17/2021 09:28:49 pm
Just served a judgment for a repo that was filed December 2016. I am out of work and no longer receiving unemployment as of 2 weeks ago but will start a new job in 2 weeks. I do not own property other than 2 older vehicles, what is the best solution for me to handle this judgment?
Jason Witt
7/18/2021 10:25:07 am
For specific legal advice you would need to speak with a local attorney. That being said, if you have no money and no job then settlement is not really an option. Do you have other debts? Have you considered bankruptcy?
David
3/26/2021 11:01:41 pm
My question is if you have wheels and tires that are financed on your car and it is replied can you get them back in nc
Jason Witt
3/27/2021 05:02:23 pm
I would encourage you to reach out to the NC attorney general for their opinion and help on the matter.
kelvin
4/20/2015 05:29:52 pm
Is it legal have a tracking device on vehicle without owners knowledge?
Jason Witt
4/21/2015 05:56:46 am
Are you are asking about the finance company installing a GPS to locate a car for repo when behind on payments? 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. If there is no provision in the contract for a GPS there certainly is an argument that any GPS device is an invasion of privacy. This is a relatively new area of the law and I am not aware of any NC cases on point for this scenario.
Ken
10/15/2015 06:52:53 am
The finance company or lender does not typically track your vehicle, if you fall behind and the lender meets the statutory requirements under default or delinquent payment and remedies allowed under your contract. The lender may pursue repossession of your vehicle. Now, comes the dirty part, repossession agent can access the LPR(license plate recognition) database. LPR is software, once used solely by law enforcement, that allows a lender or repossession agent to track your vehicle.
Candice
3/4/2017 11:24:19 am
Can the repo man attach his own gps tracker to a vehicle say after it pings in the LPR system? Say he's riding through a parking lot and LPR picks up on an order for a vehicle but, he can't get to it where it's at or something, can he attach a little portable tracker to the car legally to find it later?
Jason Witt
3/4/2017 11:41:19 am
The answer likely depends on which State you are in. The other issue is does the financing agreement allow for a GPS tracker to be installed? The most practical issue may be this- what are you going to do after your car is repo’d and how could you ever prove they used a GPS to locate your vehicle? There is a private investigator exception to the criminal law cyberstalking statute in NC at N.C.G.S. §14-196.3, but I do not believe this applies to the Repo Man. 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. At the moment privacy laws are still trying to catch up with technology such as GPS trackers.
toronnie cathey
5/19/2015 09:20:05 am
My car was repossessed and I was only two weeks late. Is that legal? I was not behind on payments. And then they sold the vehicle. Is there anyway I can sue for my deposit and payments made?
Jason Witt
5/20/2015 07:56:26 am
You say you were two weeks late, but also say you were not behind. Both of those statements can't be true- either you were in default of the contract or not. You would need to read the contract to find out if they had the right to reposes without notice. If they breached the contract you could certainly sue for damages.
kelly
5/27/2015 05:23:29 am
Can I simply tell a repo man no you can't take it without a court order? If he can't get the car without damage to the car or other property, can he still take it?
Jason Witt
5/27/2015 12:52:43 pm
You can certainly refuse to allow a car repo if there is no Court Order. That being said they can take it if you do not protest. They can take it from your driveway in the middle of the night. Although they can't "break" into your garage, some do anyway. They can also follow you to work or the grocery store and repo your vehicle from the parking lot. It is hard to hide from the repo man forever.
Unique
11/3/2015 09:48:47 am
Can i go to the repossession vendor to get my mail that was left in my repoed car?
Jason Witt
11/3/2015 04:08:54 pm
Sure- call and find out where your car is and how o retrieve your belongings. Don't wait as items have a way to disappear from repo lots.
Amy
9/28/2016 10:52:31 am
The girl knocked on my door letting me know she alerted the Sherriff's department regarding "repo my car." Without a court order can she still repo? The paperwork was wrong. I made a payment Aug 19th and I am seven days late which means I am behind but, when she showed me the paperwork it stated 49 days past due in amount of $330. Payments are $250 and they do not do late fees. I had a receipt to show her and she said she knew but, the $250 was late for 24 days and the $80 was 49 days. That is not what the paperwork stated! Also, I gave her an extra $50 last month to make it an even $300 but, she said that went to interest not the previous month I was short on which was now 49 days past due!
Jason Witt
9/28/2016 10:58:05 am
A Court Order is usually not required for a peaceful repossession. General rule is if you are in default the lender can attempt a repossession. That being said there should be no duty to cooperate or hand them the keys. If they took the vehicle you need to call the lender or hire an attorney ASAP.
Elizabeth
9/8/2020 08:43:34 am
If your car was repo due to no insurance, can you get your car back? Also if you dont get your car back can the repo company hold your personal items if you dont pay them the repo fee
Jason Witt
9/8/2020 12:14:43 pm
You would have to review your contract to determine their rights, but they typically write these contracts to maximize their rights and minimize your rights.
Jason Witt
6/6/2015 03:39:40 am
Are you looking to file Chapter 13 and catch up your payments inside the bankruptcy? A Chapter 7 does not provide for curing what you are behind on the vehicle. In the meantime there is not much you can do to keep them from looking for the car before you have actually filed.
Miranda
4/16/2016 07:35:22 pm
I cosigned for someone 9 years ago. It was eventually repossessed about 2 or 3 years ago. I was never notified of auction date and time. Never heard anything other than notice of repo and balance after auction. Last month I got a 1099 C and had to pay 6k in taxes. Can I sue lender for not notifying me of auction? Can I sue the other person who defaulted? What type of attorney would I need?
Jason Witt
4/16/2016 07:48:41 pm
Did you have a contract with the other party regarding default or just an "understanding" that they would pay? You should be able to sue the other person regardless, but my guess is they have no money based upon the fact they failed to make car payments. Getting a judgment often does not mean getting paid. That is why the lender just wrote it off their taxes and sent you a 1099 rather than sue both of you.
Taylor
6/17/2015 03:00:08 pm
I have a question. My truck was repossessed this morning from a buddy's auto body shop in North Carolina. The towing company showed up to drop a car off to be worked on and saw my truck. They confronted the guy that worked there and said the vin number matched a truck that was up for repo. 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. Also received a phone call 2 days ago stating that my balance was right on track and even offered me another vehicle if i wanted one ) he did not show the guy any paperwork stating the truck was up for repo. Just told him it was up for repo, gave him a card, and hooked the truck up and left. My friend called me to tell me about it so I drove over there and they wouldn't answer the door, I called multiple times and they won't answer or return a call. I walked around back and saw my truck, they have the wheels and tires off of the truck and have it sitting on blocks. What legal action can I take towards the place that wrongfully repossessed my truck?
Jason Witt
6/17/2015 03:16:09 pm
I would call your finance company to have them email or fax written proof your payments are current and your car should not be repo'd. You might need to sue your finance company too if they mistakenly told the repo man to take your car. You may also want to sue the body shop for simply handing over your car with no proof of anything. Apparently they will give away any car on their lot to someone with a tow truck. They have a duty to care for vehicles when in their possession. Vehicle was lost on their watch.
Andrea
7/5/2015 07:34:58 pm
I have a truck that I don't have a tag for and its been over thirty days and I can't get the car lot to answer the phone or return my calls they have threatened to repo my truck but I am not behind on any payments but tonight at 2am their was a repo truck sitting in the middle of the TD for over a hour then they left what can I do about this
Jason Witt
7/6/2015 12:53:33 am
I am not following- What car lot has your car and why do they have your car? Also what does "TD" stand for?
Kathy
7/7/2015 08:36:11 am
Is there a certain number of months you can be late on the car payment before a repossession is done? For example, can you only be two months past due and the creditor have the car repossessed?
Jason Witt
7/7/2015 10:24:23 am
It would be in the contract unless some State law overrides the contract provisions. That being said most contracts allow for immediate repossession if you are in default. Many major finance companies wait 90 days before repossession and even call or send letters first as repossession is generally not want they want. Some smaller buy here/pay here places want you to fall behind so they can repo the car and sell again. Many of these places sell the same car 5 times over pocketing the down payment and inflated payments each time.
Brandie
11/29/2015 09:41:34 am
Some buy here pay here wants you to get behind. This happened to me. 1 month late..and only 5 months until payoff date. Got my car repossessed and they sold it for what i bought it for 2 years earlier pocketing the same money over and over.
kiyana
7/7/2015 09:54:09 pm
can a repo company legally go through my car and bag up my belongings? i have things missing and i just wanted to know my rights
Jason Witt
7/8/2015 12:54:08 am
At some point they have to make the car ready to sell at auction. That being said your stuff missing is certainly an issue.
Lele mendes
8/11/2015 01:22:53 am
Can a repo man in Charlotte nc charge u to get your belongings out of your car and how many days is it that they can go through your things
Jason Witt
8/11/2015 05:43:12 am
Lele,
Mike
8/27/2015 07:25:34 am
Is there a reasonable time limit or amount that can be charged. Does the repo company have an infinate obligation to care, store, handle, and insure someones personal items. I can find no law that states a fee can't be charged. Doesnt the tower have expenses for opening the vehicle to handle, inventory, care and process personal items
Micah
7/14/2015 03:03:27 am
I was in my car when the repo guy ran into the back of my tires and Jack my truck up I hit my mouth on the steering wheel and felt chest pains can I jack your car up if you're still in it.and can you do anything about it if I was hurt
Jason Witt
7/14/2015 03:50:59 am
Your remedy would be to sue the tow truck company. Make sure you also document your injuries by visiting a doctor, otherwise your actual damages will be hard to prove. Consider contacting an attorney who specializes in personal injury.
Jessie
7/23/2015 07:54:47 pm
If a creditor repos the car even after a payment arrangement has been agreed upon what is my process to fight for my car back?
Jason Witt
7/24/2015 02:16:08 am
Did you make all the payments on time after this "arrangement" was agreed upon? If so and they repo'd anyway that may be fraud on their part. Better yet- do you have this agreement in writing? Why do they say they repo'd the car after your "arrangement"?
Tameka Green
7/29/2015 12:12:08 am
My bf woke up this morning for work and noticed that my car was gone. I know that I 'am behind about 3 months bc I had lost my job back in March .I got another job in May and have been trying to catch up on my payments.My payment due date is the 3rd of each month after my bf told me that my car was gone I knew that it had gotten repoed BC of me being behind.I checked my account online and it states that my current balance is like $1000 which $325 is due Aug 3rd...now the $325 is included in the $1000.I was wondering is their a way that I can just pay the past due and get my car back? Like pay the past due of $700 something since the $325 is not due til the 3rd? I may be able to borrow $700 from my family...I really need my car! I looked online about reinstatement but couldn't find out what the reinstatement law for repossesion was for nc. I haven't received any type of letter from my car loan company about my payment or repossession but I have noticed that they had been calling but with me returning their call at the end of the day they have always been closed.Any advice will help me out tremendously... I just need to know what can be done.I plan on calling them today since I can't make it to work to see but waiting til they open with no answers is killing me right now
Jason Witt
7/29/2015 03:44:58 am
Generally speaking the bank does not have to let you simply "catch up" what you were behind, but can demand the entire payoff after repossession. That being said I have not seen your contract. Best advice at this point is to call the bank and see if you can reach any kind of agreement to get your car back. Have you called them at all the last 3 months? Silence is your enemy- best to always call the moment you get behind to let the bank know you intend to pay.
Tameka
7/29/2015 05:36:32 am
I spoke with customer service today and they informed me that my account was 87 days pass due and I asked what can I do & they informed me of how much I would have to pay , which included the past due...the repo fee and he also stated that I would have to pay the storage fee of $150.I asked if he could he tell me like how far the car was BC after I pay the past due and everything I want to go pick up my car he said that he don't have that info ...most likely would my car be taking a long way??? I don't want to pay the past due then have to drive all the way to another state to pick it up in that case I feel like they can just keep the car.Is there anyway I could find out how far away my car is??
Jason Witt
7/29/2015 05:49:10 am
Somebody at the finance company knows where your car is- just keep calling back and ask for a supervisor. Tell them its crazy for you to pay w/o that info.
Tameka
7/29/2015 08:23:17 am
OK.Thank you so much Jason!! I really appreciate everything. My dad paid everything for me so I'm on my way to pick up my car now. With the lords will i'am so glad that I have a good paying job now and I will be able to stay up to date with my car payments BC I def do not want this to happen to me again!!!!
Jason Witt
7/29/2015 09:50:39 am
Glad to help! in the future if you fall behind (1) call the creditor, (2) explain your financial woes, (3) when they will end, (4) that you want to keep the car, (5) and ask for a deferment. When you go radio silent they assume the worst- they you never plan to make another payment. 10/14/2017 04:53:20 pm
Can my car be repo if I miss one payment and just call 2 days ago and made payment arrangements the 2 days later they come repo my car.Also can a used car set car payment on a use car for $500 to 1000 dollars on a used car
Jason Witt
10/14/2017 05:05:01 pm
You would need to check the contract as to any "grace period" after default. If there is no grace period then repo is usually allowed immediately upon default.
Donna
8/12/2015 03:57:42 am
I live in NC I bought a car from a local car dealer that finance the remanding balance for me. The first payment I paid on time and pay $40 more than what I was suppose to they never deposited the check 10 days later. The second payment I was on vacation and forgot to pay the payment before I left so I mailed it late and talked with them and told them I was gonna send it and I was sorry it was late. They never deposited the check til 10 days after they received it. I had some unexpected things come out of my account as we all do and there wasn't enough to cover it. Instead of calling me they reposed the car the next day and it wasn't 30 days past due never called me to let me to give me the chance to make the payment right. There was never a contract signed so I don't know what their legal acts were on the account. Then they made me pay the note in full to get the car back is there anything that I can do against this company?
Jason Witt
8/12/2015 04:26:55 am
They let you drive off the lot without signing a contract- what kind of hack dealership is this? Is there still no signed contract?
Beth Hawley
8/17/2015 05:32:11 am
I have had my car for 2 years and feel behind once due to a new transmission needing to be installed. My car was repoed on sunday after I made a payment on Friday. The company didn't process it until today and they are telling me I'm 59 days pay due of $607.51 1 1/2 payments. To get my car now they are adding an additional $650 repo fee without contacting me on any of this. Is this legal?
Jason Witt
8/17/2015 06:25:28 am
You say you made a payment on Friday? How? Did you mail a check, pay online- why did it not process until Monday?
jessica
8/27/2015 09:38:10 am
I recently had my car repossessed on Monday. I paid my car note on the 14th of this month which brought my payments current and up to date. I was thrown off when there was a recovery company outside of my workplace with my vehicle on the tow truck. 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. I asked if I could get my pocket book out of the vehicle and he said if I gave him the keys I could get it. I retrieved the keys and brought them to the guy and he refused to give me my pocket book. Told the driver of the truck to pull off. 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. During the whole ordeal of trying to get my purse I ended up with a broken meniscus. What are my rights
Jason Witt
8/27/2015 09:59:58 am
First thing you need to do is contact your finance company and find out why they think you are behind on payments. Ask for a payment history. If you are not behind you could potentially sue them.
Dee
8/27/2015 04:14:51 pm
I had my car repo due to know fault of my own. Never missed a payment and had insurance on car. My car was in the shop because the transmission were gone. I called the shop and they told me the car was gone. I called the bank and asked why was my car picked up. He stated that because it was not in a safe face. I never heard that. Do I have any rights
Jason Witt
8/28/2015 12:28:24 am
Not in a safe place? How did they even know it was in the shop? Call the NC Attorney General using the link above. My car was reposessed yesterday i was late by 27 days although i kept in contact with the creditor and explained my situation to them and asked them to bare with me for a cpl weeks i was told thats completely fine then my vehicle gets taken with many of my belongings in it. Do they have to legally give me an amount of time to get it caught up before they can do anything else with my vehicle? Or can they do as they please without giving me the opportunity to catch the pmnts up? Whats the laws for this in nc?
Jason Witt
8/29/2015 02:45:17 am
Your contract controls- so take a look. Usually they don't have to give the car back and let you "catch up" payments, but many times they will allow it. Give them a call. Maybe threaten Chapter 13 bankruptcy as that may be an option to get your vehicle back if they say no.
Renee
9/1/2015 01:34:24 pm
Repo man came got my truck hit my sons truck and my yard has deep ruts now made police report
Dee
9/2/2015 12:36:56 pm
So after I submit everything to the NC general will they let me know if I need to get an attorney.
Jason Witt
9/2/2015 12:45:50 pm
They usually write a letter first, if they feel you have a valid complaint, to see if the matter can be resolved outside Court. If that goes nowhere they either decide to take legal action or recommend you hire your own attorney.
Paula Main
9/8/2015 11:54:30 am
Someone repossessed a boat that was owned by my brother, who passed away unexpectedly 3 months ago. I am the administrator of the estate, as my brother was not married and our parents are deceased. The lien holder did not present any information to me about the amount of money owed or the contract, even though I posted a public notice in the paper. He did call me last week and told me he would bring me the contract paperwork to me, which he never did. Yet, this morning, he repossessed the boat. I suspect there is no contract, as the two men were friends and had worked out a deal to buy the boat together. My brother's name is on the title, and the other man is listed as a lien holder. The estate is in probate and will be insolvent. What, if anything, can be done? Thank you in advance for any help you can offer! I'm very upset about the whole thing and don't even know where to begin.
Jason Witt
9/8/2015 12:36:36 pm
You need to talk to the estate attorney ASAP as you are not the owner of the boat and would need to act as administrator of the estate.
Paula Main
9/8/2015 02:20:02 pm
Unfortunately, we don't have an estate lawyer because we can't afford one.
Jason Witt
9/8/2015 02:29:29 pm
As I do not handle estate work I can not properly advise you on how to proceed. My advice is contact your local legal aid office. Best of luck.
Paula Main
9/8/2015 02:31:33 pm
Thank you. I appreciate the time you dedicate to trying to help.
Karen
9/8/2015 06:36:35 pm
Repo came while I was working they hit another vehicle in my yard and damaged my yard and called the wrong County about the repo he refused to tell me were to get my tags back and he also advised me he looked up my ex husband information and he want on the loan in North Carolina
Jason Witt
9/8/2015 08:43:37 pm
If they damaged another car in your yard you could certainly sue for damages. You may also want to report the incident to the NC Attorney General using the link in the article above.
amy
9/28/2016 11:19:28 am
That is illegal to look up your ex husband's information. Especially if he isn't on the loan. I would contact a lawyer.
Michelle
9/8/2015 08:17:46 pm
So my creditor put my car out for repo because I am behind in payments due to being unemployed for awhile. Now I'm catching up on all my late bills little by little. 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. 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. Yet I've heard that if I at least send them money even if it's not in full, on the past due they won't repo my car. Is this true?
Jason Witt
9/8/2015 08:52:49 pm
So they have not seized your car yet? You may want to keep that car in your garage until you bring payments current.
Amy
9/28/2016 11:26:15 am
Jason,
Jason Witt
9/28/2016 04:26:18 pm
If a lender refuses to take a timely payment for the purpose of creating a default I would argue that is fraud.
Ashley
9/15/2015 08:32:01 pm
My dad passed on july 26th 2015. I became administrator of the estate on August 21, 2015. His death was not expected so I have no clue on what his debts are expect by what we are getting in the mail. He owed a semi truck and a pickup. I received a bill on the pickup at the second week of august so I contacted them and they waited for us to set up the estate and make payments. However on the semi truck we received a letter with the date on the letter august 28th stating that his account was past due. We attempted to contact the financial company and was told the person handling claim was on vacation. On the day she was supposed to come back we left a message and the call was never returned. Last night September 14 they repossessed the vehicle. All day today I have attempted to get the full payoff amount including repo fees so we can payoff the semi and get it back. However the finance company keeps stating they do not have it. What do I do? I know I only have 10 days and I can pay today so I don't understand the problem. Only a little over six thousand was owed on the vehicle and it is worth much more than that. Plus can they put a repo order out on the semi when I have the add running in the paper for any creditors to file a claim?
Jason Witt
9/15/2015 10:17:18 pm
I do not handle estate work, but creditors generally do not need to wait for payment for any reason including death. Did they give you permission in writing to delay payments? At this point you need to call the creditor daily and may need to sue to get their attention. Best of luck.
Thomas
9/23/2015 09:09:22 pm
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. He seemed be trying to insinuate there could be some sort of criminal action taken if the car isn't volunteered.
Jason Witt
9/23/2015 09:44:01 pm
They are likely referring to a "claim and delivery", which is briefly referenced in the article above. A "claim and delivery" is not criminal in nature, but would involve the Sheriff forcibly taking the car even over your objection. Basically, this is the remedy for a secured creditor when someone keeps a car locked in the garage for instance.
Mya J
9/29/2015 07:33:25 pm
Hi. I have a bill of sale and title (although have yet to transfer holder/name) and car was repossessed as creditor stated; due to remaining balance. The car was purchased online from car dealer in TX and delivered/shipped here to Monroe, NC. Is this legal? Does this really happen? Wether there is not or is a balance remaining. Without a car... 2 kids 12 and 2... stressing. Any info would be greatly appreciated.
Jason Witt
9/29/2015 07:54:41 pm
Not sure I follow.... Are you saying you physically have the actual title issued by the DMV? If so- is there a lien listed on the title?
Alex Phipps
10/6/2015 07:57:23 pm
Repo is looking for my girl friend's van that i'm storing in my locked garage, am i committing a crime? Possession of stolen property 3rd degree felony?
Jason Witt
10/6/2015 09:39:43 pm
Its hard to say with so many ambiguous criminal statutes open to interpretation. Could you be charged- Probably. That being said I have never seen charges result from a scenario as you have described in NC.
Munta
10/30/2015 10:03:01 pm
Can your vehicle be repossessed if there are no plates on the car?
Jason Witt
10/31/2015 11:29:03 am
Yes.
halloween
10/31/2015 05:13:35 pm
So the car was taken on friday. We got the car back tuesday. Why it happened? Honestly, my wife's been having some issues and she simply forgot to pay for 2 months. That's been/being rectified (my phone is now on the account, it wasn't before, checks and balances). Today I get a letter stating they are selling our car. It is now in our posession and the letter is dated we paid the past due balance plus repo fees. Question is; is this an automatically generated letter given the date and timing or are they coming for the car again??
Jason Witt
10/31/2015 05:28:33 pm
My guess is automatic letter, but you should call to confirm. They can't sell a car they don't have.
cody
11/13/2015 07:39:47 pm
Can a lien holder repossess a car with no repossession order and have one of his friends get it?
Jason Witt
11/13/2015 08:19:46 pm
There usually never is a repossession order- it is simply done pursuant to the contract. Never heard of a restriction on who could actually do the repo before. The contract usually controls- so take a look at that first.
peasshoot
11/13/2015 08:26:59 pm
Truck repossessed only owe very little to pay off loan am trying to put together money to take care of but if not do they sell it for what is owed or highest bidder and if that bid is higher than what is owed do I get the difference
Jason Witt
11/13/2015 08:39:25 pm
You should be entitled to any excess funds generated via sale. That being said they may not hold a commercially reasonable sale or just happen to sell it for right at the payoff minus excessive towing fees, late penalties, and finance charges. Bottom line- try and get your vehicle back if you feel there is equity. Call and let the lender know your intentions, as they may delay the sale. You may also consider a Chapter 13 bankruptcy.
Serg
11/16/2015 06:04:26 pm
My car was repossessed on October 24 and i managed to get it back on Nov 10. I have two questions with regards to this event.
Jason Witt
11/16/2015 07:21:15 pm
1. You would need to ask an insurance attorney or the NC Insurance Commissioner this question.
Amanda Armstrong
11/17/2015 05:40:17 pm
My car was repossessed 11 days ago. I went to pick up my personal items from the car today and things were missing...about $800 worth of stuff. My belongings were not inventoried and the car lot , who repossessed the car is telling me that the car has been locked up and no one has has access to it except for their workers. The car was also driven out of my drive way, not by a tow truck. What can I do about me missing items?
Jason Witt
11/17/2015 06:46:10 pm
This happens all too often. Look at the post right above your question. Your remedy is to sue the repo lot and/or the finance company. As most people never bother to sue the problem just continues.
Phil
11/23/2015 01:42:22 pm
Hey can a finance company refuse a payment and force u to allow them to repossess your car...I'm behind maybe 2 payments and I want to pay one but they will not take it
Jason Witt
11/23/2015 03:54:11 pm
Check your contract- but banks usually have the right to refuse to accept further payments once you have entered default status. My advice is call and see if you can get something worked out. Most big banks don't actually want to repo your car. The same can't be said for buy-here pay-here lots.
Sharon
12/1/2015 02:04:39 pm
I put my car up for collateral with the rental company I was renting a house with because I was behind on rent. I have since left the house but am behind on the back rent payments too. I was notified via test that I was given my last notice. Can they repossess the car if they have not provided me with written or via e-mail communication?
Jason Witt
12/1/2015 02:38:48 pm
You would need to check you contract as that likely controls what notice they must provide if any.
Shelton
12/16/2015 05:46:50 pm
I am over do on my payments and they have told me they are going to repossess the car when I called today to make a payment they wouldn't accept it they said they would need to have possession of the car then they could talk about finances. 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?
Jason Witt
12/16/2015 06:59:09 pm
You would need to read your contract, but finance agreements often state that if you are in default (late on any payment) the entire balance is accelerated and due immediately. That being said I have never seen a major lender refuse a full cure of all past due payments pre-repossession.
Clark
12/22/2015 02:14:18 am
I'm retire from the Navy in June, and I have not received my disability payment yet! The bank has charged off my car what can I do if I still have my car? I've been in contact with the bank so they know what was going on but they still charged it off
Jason Witt
12/22/2015 10:03:40 am
Can you make any kind of payment now? If not- you don't have many options the bank will be interested in.
Clark
12/22/2015 11:36:10 am
I can play what's in the rear... About 2500...
Clark
12/22/2015 05:30:22 pm
Can they refuse my payment? I called they they want it all now... 45k
Jason Witt
12/22/2015 07:32:24 pm
You would need to check your contract to see if it contains an acceleration clause where they can demand the entire balance upon default (typical in many contracts). That being said most major lenders will allow a cure of arrearage only (pre-repossession) unless you have been late many times in the past and they are simply tried of dealing with you.
Jason Witt
12/22/2015 01:46:58 pm
If you can pay that today, then call the bank today and offer to pay that today....
Valeri
12/29/2015 01:53:22 pm
My daughter got her car repo'd today from her work in Asheville NC. she's about 45 days behind. 1) in NC, do creditors have to allow her to reinstate her loan by catching up her past due costs? 2) is there a max per day storage rate & hook up rate, or can they charge her any amount? 3) can she file chap 7 ASAP & get the car back?
Jason Witt
12/29/2015 02:00:31 pm
Creditors generally don't have to let you reinstate the loan by simply catching up past due payments although you should certainly call the bank and ask if they will. Chapter 13 may be an option to get the car back- call a bankruptcy attorney ASAP.
Andrea
12/30/2015 04:20:23 am
My car was repoed from inside a fence and my relatives told them to get out the yard and don't take the car.....so once it got to the yard since I had the key still I waited and drove the car off the lot ......whats going to happen
Jason Witt
12/30/2015 11:12:46 am
The tow yard may try and have your prosecuted for taking the car. Be careful what you say to the police if they show up!
Ann
1/5/2016 11:46:50 am
The repo man came to my house last night around two in the morning. My at is in the shop and I did not give home the address of where it was. Will they come back in the middle of the night
Jason Witt
1/5/2016 12:30:09 pm
Repo men often try in the middle of the night. Their goal is to get in and out without you noticing.
Steve underwood
1/13/2016 10:12:51 am
You mentioned filing for chapter 13 by pro-se. How do I do that
Jason Witt
1/13/2016 11:19:52 am
The forms are available online on your local federal bankruptcy website and there are books on how to file pro-se. Filing pro-se is risky and complicated, but is an option.
Michael
1/14/2016 11:24:23 am
My truck was repoed and the creditor refuses to return my custom rims even though I'm trying to give them the originals. Is this legal? I paid the rims with a credit card and still owe a small balance. Shoukd I report the rims stolen or take the company to small claims court? I have my receipt for the rims.
Jason Witt
1/14/2016 11:55:08 am
First thing you need to do is read your finance contract to see what it says (if anything) about after market products being added to the vehicle and if they can repossess "as is" and if their security interest extends to after market products. If it does you may be bound by those terms.
lauren
2/1/2016 05:41:49 am
car was repoed Saturday repo man came knocked on my door and told me to come get my car seat and things out of the car. I asked him why he was repoing my car he said that the insurance company told my credit union that I didnt have insurance which is not true. he asked for my keys and i told him no then he act like he was on the phone with someone and then i was leaning in the car getting my things and he pulls off and i hit my side on the inside of the car i had to jump back or the door would have knocked me down and he would have ran me over. As he turned the corner of my apartment my car door slammed shut.also he had some how cracked the bottom of my car when i asked him about it he got really mad what can i do about this?
Jason Witt
2/1/2016 10:53:25 am
Your remedy would be to sue the repo company and/or your finance company. Did you call your finance company and provide them with proof there was no lapse in insurance? Make sure you also let them know the repo man damaged your car and they need to fix the damage.
Karl Carver
2/2/2016 08:31:19 pm
My car was repossessed in Elizabeth City, NC
Jason Witt
2/2/2016 10:02:14 pm
Contact your finance company and find out who has your car. Hopefully the repo company will allow you timely access to your personal items.
Chrissy
2/3/2016 07:23:26 pm
Is there a certain time in North Carolina that a repossession can take place? Ie, 6am-10pm?
Jason Witt
2/3/2016 07:52:58 pm
There are no time restrictions in NC on when repossession may take place to my knowledge. In fact repossessions often occur in the middle of the night so as to avoid confrontations with angry owners.
Jan
2/9/2016 04:53:42 pm
Helped my adult stepson get financing to purchase a car - I am listed as primary borrower and he is shown as co-borrower on both the loan and the title. He made pymts on time, then I started getting calls from the finance company. I cannot get in touch with him - phone off as well - so made the last 3 pymts to keep my credit intact. I want to to take the car and look into selling it if possible, but not sure how to go about it since his name shows on title as well. What can I do?
Jason Witt
2/9/2016 05:08:18 pm
Are you on the Title in addition to the loan? You may want to call the DMV with the VIN to verify.
Jan
2/9/2016 05:13:10 pm
Yes, I am on the title as well. Went on DMV website under my account and it shows both my personal car and the one my stepson has. I am planning to use the VIN # to get a key made.
Jan
2/9/2016 05:28:36 pm
Yes, car is titled to me and him. Shows on my DMV account online
Jason Witt
2/9/2016 06:01:33 pm
Do you have a written contract with your stepson that states what happens if he misses payments? If not you have a real problem and likely need to meet with a local attorney to sue him as you can't sell the car if his name is on the title.
Cindy
2/25/2016 03:50:39 pm
I am being threatened with repo of my car. I have tried to make arrangements, but the woman that is calling me is being threatening saying that I can't do that & no matter what a supervisor says she is still sending the repo thru. Sometime I get other people on the phone & they are actually willing to work with me, but then somehow she gets involved again. I have some of the money owed & don't want to pay it & then find out it is being repoed anyways. I am on a limited income/retired. I also do not live at the address the creditor has on file. I also do not live in NC any longer. I am very upset about this whole thing & do not know what to believe
Jason Witt
2/25/2016 04:10:40 pm
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. The problem is the finance company does not have to work with you, but they may get more reasonable when/if they can't locate your car. Just keep calling them daily and offer them lump sum what you can. Hopefully that number will increase over time to a point where they bite.
cindy
2/25/2016 06:08:40 pm
What kind of methods do they use for repo and how long does this go on. Do they pursue other cities and areas
Jason Witt
2/25/2016 06:50:17 pm
Most finance companies simply outsource the repo to a company to obtain their collateral from anyplace by any and all legal (and sometimes illegal) means.
Cindy
2/26/2016 11:13:12 am
Does filing Chapter 7 help get the finance company off your back and allow you to keep the car and make resonable payments. How many times by law are finance companies allowed to call you, even if you have communicated with them that particular day. Also do you have to respond to their question about where the vehicle is.
Jason Witt
2/26/2016 11:24:27 am
1. Chapter 7 does not provide a mechanism to catch up payments like Chapter 13.
Lottie
2/26/2016 11:52:55 am
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. How many times a day can they call you even though you don't answer the phone. Finally is there a right to cure law in NC
Jason Witt
2/26/2016 12:48:51 pm
1.Not sure there is a jurisdiction issue. Generally speaking the finance company simply has a right to repo subject to any State or local laws.
Lottie
2/26/2016 01:07:26 pm
Do you think that they look out of state. And what happens to you if you choose not to tell them anything else.
Jason Witt
2/26/2016 01:16:07 pm
Most finance companies will look anywhere they have reason to believe the car may be hidden. They know recovering the vehicle is and selling at auction is their best chance to minimize the loss on the loan. They may look to credit reports, DMV information or even the internet for your address. If you refuse to talk to them they may ultimately sue you and force you to disclose the location of the car or simply get a money judgment against you for the balance of the loan.
Lottie
2/26/2016 03:53:23 pm
I thought that it was against the law to check a credit report without your permission
Jason Witt
2/26/2016 04:57:00 pm
Your own creditors routinely monitor your credit report.
Jean
3/1/2016 12:43:01 am
Ironically I recently worked for a 3rd party repo company (skip tracing) - I am behind on my payment by 45 days. While working there, we were told they CANNOT repo a vehicle unless they can CONFIRM the vin # (which I've covered up). I'm actually living in my car with my dog at the moment. Tonight I stopped at my old neighbors house with whom I briefly stayed with but using their address as my mailing address, when I left I was driving up the road & saw a repo truck, I turned around to see if they were headed to the address they have on file and sure enough - they drove by (YIKES, My car is out for repo).
Jason Wttt
3/1/2016 09:47:30 am
There are numerous news articles of vehicles being repossessed with children inside. Just assume they will take your car and refuse to return even if the VIN number is covered up- that way you won't be surprised.
Jean
3/1/2016 02:48:19 pm
After reading all the the comments last night, I called my creditor and they gave me an over 50% REDUCED amount to pay and pushed 2 months back until 4/15. HOW FORTUNATED AM I?!!!!?!!!
lottie
3/1/2016 05:08:24 pm
glad to see Jean;s account of her finance company. Would love to know who that was. They picked my car up yesterday from my friends place, under the carport. I have no paperwork on it don't know where it is. I asked the guy to leave & he shrugged his shoulders & whipped it our. I called the company & got the same girl AGAIN, who seems to think she is the owner (not). Can't seem to get around her. I was finally able to get to the guy whom I had talked to about 1 month ago & he informed me that I did NOT have a GPS on the car (which is how it was found) That was a bold face lie on his part. On a recorded line, do I have any thing I can do about that. My situation is almost like Jeans, with limited income & all but no place to go in the next 15 days. Now no car. 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.
Jason Witt
3/1/2016 06:53:50 pm
If you don't have a large lump sum your only recourse to get the car back may be Chapter 13. That being said, sometimes it is in your best interest to let a house or car go despite how much that may feel like surrender.
Tomeko
3/23/2016 04:29:58 pm
My car is currently up for repossession. I tried to make the payment but the creditor is not willing to work with me. 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. Calling my job and making false statements to my employers. They sent a repo man inside my job and he argued with me in front of everyone, and yelled across the floor that he was "bringing the sheriffs back with him". What can I do legally. I have asked them to stop calling my job, and the insurance company will call literally back to back if o hang up. 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 will help.
Jason Witt
3/23/2016 05:05:32 pm
Disclosing the debt to a third party like your employer is a violation of the Fair Debt Collection Act. I would recommend reporting them to the NC Attorney General and perhaps filing a lawsuit for a Fair Debt collection violation- talk to a local attorney.
Tomeko
3/23/2016 05:21:32 pm
They have not gotten the car yet. The day the repo man came inside my place of employment my husband had the car for maintenance. Thank you for what you do, and for all your help, I greatly appreciate it.
Jamie
4/6/2016 07:44:05 pm
My car was just repo'd. I was only two weeks behind and no where in the contact does it state when repo goes into action.(after any number of days or weeks, will my car officially be up forrepo.) If it is not in the contract can they still repo. I know for major dealerships they give you up to 90 days before they have repossess of the car. At a local dealership is it the same time frame?When I contacted the dealership they wanted me to pay the amount I owed, as well as next months and the repo fees. Is this all accurate and is there anything I can do?
Jason Witt
4/6/2016 08:15:41 pm
Can’t really answer your question(s) without reading the contract. Most financing contracts state the lender has the right to immediate repossession upon default. Is default defined in the contract as being late at any time on payment or is there a “grace period”?
Carol
4/20/2016 05:03:56 pm
I have a question. My car got repossessed and we had a date of April 26, 2016 to pay the past due amount and fees. We paid the lending institution the amount owed. They said they were sending a letter of release to the towing company to let them know we could pick up the car. So we went to the location where the car was stored and that's when we were informed that the car had been moved to the auction lot. So we were not able to get the car because we are in Elizabeth City and the auction lot is in Greensboro. Are we legally responsible to pay additional storage fees? Does the company have any responsibility to bring the car back to the original storage location as it seems to have been moved before the deadline they provided us? Thank you for any insight.
Jason Witt
4/20/2016 06:50:55 pm
That is a tough one. Do you have something in writing that they would hold the car at a particular location until X date? If not then then proving any agreement with the finance company will be difficult. You may want to contact the NC Attorney General Office or consult a local attorney. There may even be an arbitration clause in your contract with the lender prohibiting you from even filing a lawsuit. In the meantime call the finance company and see if they will get the car back to you and waive any fees.
Carol
4/20/2016 06:55:59 pm
Thank you so much! I appreciate it!
Tanethia M. Livingston
4/26/2016 02:36:44 pm
I am about to make my 2nd payment on my car. However I won't have all of the money until four days after its due. They told me they won't take partial or late payments on new accounts. They also have that GPS device that shuts your car off. Can they actually shut my car off and repo my car before ten days past due?
Jason Witt
4/26/2016 03:05:13 pm
Check your contract. The definition of default and if there is a grace period likely triggers when they can resort to repossession. You may want to keep the car parked in a garage so they can't tow it away when you become late.
Ann Williams
6/9/2016 08:03:57 am
My son recently had his car repossessed recently for late payments. He is a full time student and works a part time job with only a few hours of work each week. He is also a Reservist in the military. He serves once a month on weekends and will be on orders beginning June 19, 2016. The car was repossessed on June 8, 2016. The bank states that they sent him a notice which he says he did not receive. No court papers were served. Would he have any rights under the Civil Service Members Relief Act to protect him from repossession of his vehicle?
Jason Witt
6/9/2016 10:57:31 am
I believe there are extra protections, but you would need to contact an attorney familiar with military law.
Ann
6/10/2016 09:57:41 pm
My car is out for repo. According to their records I have not made a payment since June of 2014 its now June of 2016. I never received a letter or phone call saying I was late. The company claims they sent two pieces of mail...one asking if I was still in the military and one stating they were going to pursue their right to cure. The first letter was supposedly sent in Nov 2015 and the second in April 2016. My question is how long can they pursue this. I made a consumer complaint with the consumer finance protect bureau and heard back from the company today. What are my options at this point
Jason Witt
6/10/2016 10:23:18 pm
Are they correct in saying you have not made a payment in about 2 years? Ultimately their rights are generally controlled by the contract.
Ann
6/11/2016 02:02:05 pm
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. I have some of the emails and all of the receipts. We were told to pay 345.79 that day and we would be free and clear. We did that and never heard from any one until the letter asking if I was still military and the right to cure letter. Now they say that person no longer works their and they have no idea what we are talking about. How long will they pursue a vehicle. We are tying to come up with the settlement offer 8,293.00 but we will continue to fight this.
Jason Witt
6/11/2016 03:22:54 pm
That scenario sounds highly unusual. Sounds like you need to take your contract to a local attorney for a consultation. My guess is they will continue to pursue the vehicle for repo until you work something out.
Jay Johnson
6/20/2016 11:36:08 pm
I had my car from a lot out of Raleigh. I was late on a payment which I worked out with the owner. I called and made the payment at 3:00 pm. They accepted the payment and I was told I would be contacted with a confirmation number. Instead my vehicle was repossed and I was told that my payment wasn't accepted. He won't give me any information to get the vehicle back. And during the tow the police were called. I was not aggressive they caused a big 3 hour scene. What can I do?
Jason Witt
6/21/2016 01:46:41 pm
When you say they "accepted" the payment did the money actually transfer? Did that bring you current? If so you may have a great case against the finance company for Unfair and Deceptive trade practices.
Tom Turner
6/20/2016 11:55:18 pm
My situation is a little different. The motor blew and i had a shop remove the motor and the took the trans out as well. I still owe the shop $2500 on the motor work to put it back in the vehicle. I had the vehicle repoed tonight and the loan company said that it was an involuntary repo?? as i would not give the shop location... Im currently aware that they can claim a 1099 or sue and place a judgement on me. As the truck is in pieces at the moment i know they are not going to be happy. Im really curious on knowing everything that they can do besides a 1099 or a judgement. Is there any more that they can pursue or is that all and i need not worry of further problems?
Jason Witt
6/21/2016 01:47:52 pm
If they sue and get a judgment they can try and take things you own such as bank accounts, other assets, future inheritance etc....
DeLona joseph
7/4/2016 06:22:31 pm
My son said his car was towed called the police and they had no idea? It's 4th of july and we called every tow place in a 50 mile radius no luck what now?
Jason Witt
7/4/2016 06:46:05 pm
Did he see it being towed or is it possible it was stolen? Was he behind on payments and perhaps this was a repo or was it due to being in a no parking zone? I would contact the lender if you feel it was a repo- they should be able to tell you if they have a pending repo out on the vehicle.
Delona Joseph
7/4/2016 07:11:29 pm
His friend did he is behind but wouldnt the police at least know something?
Jason Witt
7/4/2016 07:36:45 pm
Ask the police if they are required to be notified under local ordinance of all repo's in their jurisdiction. Even if they are that does not mean the law has been followed. At this point your best bet is to contact the finance company ASAP to work out arrangements to recover the vehicle.
Delona Joseph
7/4/2016 08:16:10 pm
Ok thanks one question would the finance company be required to at least call the cosigner if payments are late or not paid?
Jason Witt
7/4/2016 08:37:44 pm
You would need to read the contract to see if there is any such notice requirement to the co-debtor. The likely answer is no since the creditor wrote the contract and they tend to impose all the duties on the borrower, and few to none on the creditor.
B M
7/20/2016 06:24:20 pm
My car was repossessed last night in the middle of the night. I called the finance company as my payments are auto drafted and never late. I was informed that my insurance company sent notice that my collision coverage was dropped on 7/15. I was told they had been calling me with no response. They were calling an old number. I emailed the representative I spoke with today and attached an email I had sent to the finance company on 6/17 stating I had a new phone number. Her reply was that it was updated (today) so they would be able to contact me in the future. I had an email from the finance company, one email, dated yesterday and was sent to my work email. 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. Her email stated only that I needed to contact the office by the end of day to discuss my insurance.
Jason Witt
7/20/2016 06:56:36 pm
You need to read your finance contract. See if any notice is required before a repo due to insurance lapse. Why did your insurance company not send you the same letter they sent to your finance company? When was that letter sent? Why did your insurance agent not call you? 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.
B M
7/20/2016 07:09:51 pm
I absolutely did demand answers from my insurance company also. I was told that a letter was mailed stating the form must be returned or the collision would be dropped effective 7/15. I explained I received no such letter nor form. My insurance,like my car payment, is drafted from my account. I certainly will be changing companies as this experience with Geico has made me lose any faith in their company.
Jason Witt
7/20/2016 07:17:53 pm
You should ask your insurance company for a copy of the letter they allegedly mailed to your house. Problem with suing is that it will cost more time and money you should not have to spend, and there is no guarantee you will win in Court.
Jason Witt
7/20/2016 07:25:34 pm
The other strange thing is this "partial" insurance policy. Was this a new policy? Did you pay monthly,, every 6 months, or yearly? Seems like your insurance agent should have called you to discuss things before issuing a "partial" policy. Did you pay the reduced amount that only covered liability? Did you notice the payment amount was different than your quote for the requested full coverage? Very strange!
Erin
7/21/2016 10:47:13 pm
My car was repossessed the other night. I worked out an agreement with the finance company to pay it up to date and get my car back yesterday. They didn't get my car back to the lot until today and when I went to pick it up my car wouldn't crank. It is keyless with a push button start and it says the key is not detected now. I never had that problem before the Repo. Is there anything I can do to get this fixed? I hate to think I paid all that money to get it back and still have to pay to get it fixed when it wasn't broken before.
Jason Witt
7/22/2016 12:03:20 am
I would call some dealerships and ask them if they have heard of this problem before and whether the repo company did something to reprogram your car. If so they you may have a case. Without a theory of how the repo company caused the change you may have a hard time proving your case in Court.
Erin
7/27/2016 11:58:13 pm
They fixed my key but today I had an accident where I hit a pole avoiding another car. I called and reported to my ins company and filed a claim. I had a rollback to come pick up the car to take to the shop to be fixed. When the rollback got there the repo truck was hooked to my car and they told my rollback driver that they had to take my car per the finance company for repossession. My payments are up to date and my ins is current as they let me file a claim to get it fixed. How can they take my car from me because I had an accident? I followed all the procedures with my ins and was having it fixed. What can I do and is this legal?
Javon Lunsford
10/22/2019 05:03:25 pm
If my car is repo what happens to the lic plates
Jason Witt
10/22/2019 05:29:50 pm
You should try and get your plates back to turn into the DMV yourself to avoid any problems.
Jason Witt
7/28/2016 08:33:42 am
You need to call your finance company and find out why they took your car.
Heather r.
7/29/2016 03:33:51 am
We are being threatened with repossession. The vehicle is in my fiances name. 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. They have let us be 2 payments behind and pay both the 6th of the next month. Is that breach of contract since they've allowed late payments prior? They know we will have the money to pay it off in the next two weeks, could this be a ploy to make sure we do? Could we be charged if we take the vehicle somewhere else until the money comes and we have it paid off? We also have a 2nd lien on the vehicle thru them, what happens with that if they repossess? The only paperwork we were ever given contract wise was the papers from the dealership. If they never gave us any other contract could we fight this? I'm really trying not to have it repoed Bc it's the vehicle I drive and will be paid off shortly.
Jason Witt
7/29/2016 01:27:22 pm
Accepting late payments in the past usually does not obligate the creditor to accept late payments in the future. Take a look at your contract.
Jason Witt
8/12/2016 02:09:35 pm
Even if it is trespassing or against local ordinances assume they will take it from anywhere. Assuming this is a public lot then it is likely legal. Repo men are tasked to get the vehicle- many don't care about breaking the law in the process- some will even break into a garage to repo a car.
Ann Worley
8/15/2016 09:38:59 pm
I recently agreed to use the help of my mom to purchase a vehicle. I didn't have the money to buy a new one, but given my own car troubles, I was desperate. We had a verbal agreement on payments but we never got a written contract signed. The lot where we bought the vehicle outright did the title work for us. As I've had some issues with my mom being spiteful in the past, so a part of the agreement was that I be on the lien & her be the lienholder, to protect me from her being spiteful & trying to take it back when she gets mad. Well, the vehicle had serious brake issues so I had to drop it off at the dealership to be repaired. Since then, she's gotten mad & is trying to be spiteful. 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. I explained that it's registered to me but they said they didn't know how it would work. My question is, does she have a right to take back the vehicle over personal conflict? I haven't even had the car long enough to owe a pymt to be late. Also, can the dealership just give a car to whomever regardless? Do I have any rights??? 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.
Jason Witt
8/16/2016 08:20:55 am
Is your mom a co-owner with you on the title or a lienholder- there is a BIG difference, Why don't you just go get the vehicle from the dealership before your mom has a chance?
Ann Worley
8/16/2016 04:38:21 pm
She is the lienholder. The car hasn't been repaired yet, as the part was back ordered. It is supposed to be ready tomorrow. She is going to try to beat me there & likely will since I work & she does not.
Jason Witt
8/16/2016 08:13:43 pm
Do you have a written contract giving her the right to repossesion upon default? Does she have a key? Try to get the vehicle before she does-possession is 9/10 of the law.
Ann Worley
8/17/2016 01:24:19 am
There is no spare key & no written contract. The dealership contacted me today. They were under the impression they were speaking with me the entire time. 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. They caught on when she recently started repeatedly calling them threatening them to not release the car to me or she would sue. They said they "believe" that they are only to give the car to the person whose signature matches the ppr turned in. Which is mine. & impossible for her to forge.
Jason Witt
8/17/2016 10:12:01 am
The problem is your mom is not a normal company and could probably care less about the law. Just assume she will try and take the vehicle when she feels like it. Could you sue her for wrongful repo- sure, but the problem is you have no written agreement to prove what the agreement is or even what the monthly payment is supposed the be. The whole situation is a disaster without a written agreement. What happens if you keep the car for years and she refuses to release the lien when payments are finished?
Jack
8/16/2016 05:30:25 pm
What exactly is deemed an untouchable place without a court order you've mentioned a locked garage what about a fenced secured yard. And do they have a right with out a court order to cross a yard to get a vehicle. Also if there is a storage bill on the vehicle do they have to pay it before the vehicle is allowed to be moved by the property owner.
Jason Witt
8/16/2016 08:10:57 pm
Many repo men do not think the law applies to them. Some will break into a locked back yard. Some will move another car out of the way to get to their target. Best to assume if they can get to the vehicle they will tow it away.
Ann Worley
8/17/2016 02:27:46 pm
Good point. Thank you for all of your help Jason Witt.
Eureka Douglas
8/19/2016 06:22:33 pm
Hi, today I went to see if I could trade my vehicle for a newer model car being that I was approaching having the car for 1 year. The dealership I went to stated I still owed $7000.00 on the car and that's initially what I was told I would pay for the car with a 3 year warranty on 10/24/15. I called the Auto finance company. They stated the dealer kept the $1200 I put down on the vehicle. 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. Which means I still owe 3238.90 on the loan. But the finance company is telling me I still owe $7000 on the car. How is that possible?
Jason Witt
8/19/2016 08:10:33 pm
Is does not appear you are accounting for any interest in your calculations. Was this a high interest loan? Why did the dealership keep $1,200- was that for dealer documentation fees, the warranty, or some combination of both?
Natalie
9/9/2016 12:21:08 pm
If my car is set for repossession on Monday or Tuesday and it is actually taken how long do I have to pay off what is Owed from being behind. I talked with the loan officer and she stated that once it's taken I honestly can't pay anything to get the car back.
Jason Witt
9/9/2016 12:50:51 pm
You can often pay off the entire balance anytime before the car is resold. This is not the same as simply catching up missed payments. That being said it is best to not allow the car to be repo'd as many cars are damaged during repossession, not to mention the payoff going up due to repo fees.
Ciara
9/16/2016 03:46:24 pm
If ur car is repo do the agency have the right to charge yu to get personal items?
Jason Witt
9/16/2016 04:43:26 pm
That is a gray area. The NC Attorney General Office should be willing to write a letter on your behalf saying charging to retrieve personal items after car repossession is not supported by law. That being said they aren't willing to do much beyond write a letter in my experience. To my knowledge their is no case-law on the issue probably because nobody wants to spend the time or money to argue over personal belongings that are not worth much money.
Lucas
9/20/2016 01:34:08 pm
My question is not about car repossession but rather about home repossession. I bought my home about 90 days ago out of foreclosure from the VA (Veteran's Affairs) everything went smoothly and had no issues. I got my mortgage and put my 20% down. Let me preface the next paragraph by saying I am not and have never been behind on my mortgage.
Jason Witt
9/20/2016 03:05:07 pm
Sounds like either the mortgage company or contractor failed to update the status of the house. If you are seeking money beyond repairs you will likely have to file a lawsuit. Damages would be determined by a Judge or Jury.
Lucas
9/20/2016 03:09:56 pm
Would it be beneficiary to seek more? Does it sound like the bank repoed the house in good faith?
Jason Witt
9/20/2016 03:19:42 pm
Why would the bank hire someone to secure a house they did not own? My guess is it was just a screw up, by either the bank or contracting company.
Amy Rivers
9/28/2016 12:09:28 pm
I bought my second car from a buy here pay here company. I have a great relationship with them but, I have had a hard time here lately but, have not been late except for this month. I have had my second car for six months. My payments are due the 4th of every month. I made my payment in August for $300 on the 19th. My payments are only $250. I paid an extra $50 because I only paid $200 the month before. My next payment was due on September 4th. 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 told her that was not correct. I showed my receipt proving I had paid $300 on the 19th of August and it was $50 more because, of the month before. Therefore, I should only be $250 behind for 24 days past due. She called the woman at my dealership. She said I did pay the $300 on the 19th. She stated the amount $330 was for this month. She cannot give me an answer for how I am 49 days past due. I asked her if it was fees or something another that was added to my $250. Which would be that amount 49 days and $250 for 24 days past due but, the amount on the paperwork stated $330, 49 days past due not just the fees. She stated I could keep my car and the woman left my house. She stated I was to pay the $330 this Friday which I have no problem with but, she stated I had to pay the repo fee. The woman at my door stated it could be anywhere from $20-$200 or even more. Is there a law stating that a repo fee cannot be an amount over the highest amount allowed?
Jason Witt
9/28/2016 04:24:10 pm
I am not aware of any dollar amount cap on repo fees, but you can certainly call the NC Attorney General and ask their opinion.
Barbara
10/18/2016 01:45:52 am
My car was repossessed last night. I had spoke to a rep on Friday and she told me it was okay to make a payment this week. She told me my car was not out for repossession. I had just made two previous payments to catch up.
Jason Witt
10/18/2016 08:13:56 am
That is unfortunate you were misled. Is this a major bank or a buy-here pay-here lot? You may want to consider contacting the NC Attorney General and filing a complaint. That being said, your only likely options are work something out with the creditor or file a Court action for Unfair and Deceptive Trade Practices.
Tammy
10/24/2016 11:46:32 pm
My car was repossessed and I was only 7days late. They never called text or emailed me. They went from harassing me daily to nothing. I pay weekly and they have changed my pymt dates so does that not cancel my contract since they have never changed the original. I have been late before and they never repoed before. This company has put me through the ringer with harassing me causing me hardship cause they wanted info that I could not provide at the time. What can I do? This company feels they can't be touched!!!
Jason Witt
10/25/2016 08:50:16 am
First rad your contract to see when they can repo upon default. 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.
Tammy Washington
10/26/2016 05:59:26 pm
So I ended up paying 2pymts and a repo fee. I did get the contract and there is no into in the contract about late pymts and how long you have to catch pymts up. The only thing it does have is consent and authorization to receive automated latebpymt reminders in which they did not follow. They never emailed text me or called me. They we're calling my daughter stating that was the number I called them from a month ago and I had called and made 3 pyts from my number since then. They are lying and trying to make them sound like they arevin the right when they are noir.
Jason Witt
10/26/2016 06:22:48 pm
You need to keep in mind creditors usually write contracts to protect themselves and screw the consumer at at every angle. There usually is no extended grace period or notice required regarding late payments. Many contracts simply state the borrower is in default after X and upon default the creditor has the right to immediate repossession.
Mike
11/2/2016 09:42:45 pm
My last question is,
Jason Witt
11/3/2016 10:48:09 am
I would argue your financial responsibility for the attempted repo all hinges on whether you were in default of the contract. No way to answer that question without reading the contract and knowing exactly what went wrong with the insurance issue.
Jenni
11/18/2016 10:58:54 am
My husband was discharged from the army and just started working, I start my new job tomorrow. The finance company has been calling me every day we have been trying to pay what we can. Although it's not full payments we are still trying. I talk to them this morning and was told we are 34 days behind and they are not allowing anyone to go into next month behind. They have already sent someone out to our home what they called a field visit. What I want to know is can they repo a car that we are trying to pay on? I was always told you had to be 90 days with no payment before they could come and get it. And can they harass us everyday?
Jason Witt
11/18/2016 12:16:02 pm
There is no NC law that says a finance company has to wait until you are 90 days behind before they can repo a car. The contract usually allows them to repo immediately upon default.
Brian
11/30/2016 08:56:14 pm
Adding to this question's complexity. In my case there's no dispute over the fact I lost my job & couldn't pay for the car except the credit union kept sending all correspondence to my parents, my father having the same name. I contacted the CU in Raleigh to let them know where the car was and told them all correspondence needed to come to an address 2 doors down from my father's home. They picked the car up from here and then sent all civil actions Timmy father's home, not where I'm temporarily staying as I now have had everything taken except a small checking account, under $1000. My parents as did inknformed the deputies as I kept getting different civil summons I did not live at their address and I contacted the clerk court new Hanover county on a court day when I didn't receive the summons and was told "it didn't matter , the plaintiff was awarded the case because you weren't here" and told clerk of address and where car had been picked up and was basically told "so sad too bad". Now four months later as I'm literally about to be homeless a sheriff deputy comes back to my parents home 2 doors down with a letter of wit, saying the credit union is owed $14k plus legal fees fees that the deputy was collecting as a courteousy and if I don't call the deputy then essentially everything else I own in the world can be taken from me. After court which I was not able to defend myself as didn't know, the credit union when I called once they verified who I was when I tried to again tell them I don't live at my parents home, said they could not talk to me. It's almost as if the credit union knew I didn't live there and knew they could serve me there since that was the first address on my paperwork even thought thy picked up the car from the house i rent because it would be an open and shut case. It seems like the courts knew and didn't care (I've been in civil small claims and it's rare I've seen a defendant treated as well as a plaintiff by staff as there's literally some small display of bias in my opinion) and all but one deputy while I know they don't care, has just been doing their job and it seems at times that they do feel sorry for the me's in this situation.
Jason Witt
11/30/2016 09:30:24 pm
There is really too much to tackle in a blog response. I will say this- if the Sheriff is serving you with a “Writ of Execution” that means you were already served with your “Notice of Right to Claim Exemptions.” You only had 20 days to file those exemptions after service. Failure to claim your exemptions means the Sheriff can literally take anything you own including your car, bank account, etc…
Adam
12/6/2016 09:49:44 am
I just paid the bank 1700.00 to get my car back. I was behind on my car payment and personal loan. My understanding was that my payment was to pay off my personal loan and then remaining go to catch my car loan up to date. They said I would have to pay tow truck charges of 300.00 and also storage. Come to find out they charged me 675.00 for reposission plus I had to pay storage fees of 275.00. 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. 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.
Jason Witt
12/6/2016 11:12:01 am
I am not aware of any specific dollar limits imposed on repossession fees pursuant to NC law. This is why having everything in writing is best when money is involved. My advice at this point is contact the NC Attorney General Office to see if they can offer any guidance.
Ashley
12/14/2016 04:17:08 am
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? I'm thinking maybe income tax time I will be able to make lump sum..I want my car but I know if I don't have money they don't really want to talk and will try to get address out of means that why I don't answer or call back..
Jason Witt
12/14/2016 07:34:41 am
The short answer is there is no way to know when or if they file a Court action against you. Jail is not really a concern unless you defy a Court Order.
Michael McNeil
12/20/2016 02:16:38 pm
I sold a car to a gentleman and had him sign a contract stating he would make payments. He has defaulted on payments going on 3 months now. Do i have the right to repossess the vehicle?
Jason Witt
12/20/2016 04:23:54 pm
Do you have the vehicle title where you are listed as the lienholder? Do your contract give you the right to repossession?
Marcia
1/13/2017 12:19:32 pm
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. The car was repossessed by the bank stating that we were over a month late on our payments even though we have receipts showing that we went into the bank branch and made the payment. We had only had the car for 3 months and we paid each month but they always had communication problems with the local branch of their bank when it came to our payments. We tried to explain to them that we have made the payments and have receipts. Their response was that since my father is not the primary driver of the car they did not feel comfortable with the loan anymore and so they are going to keep the car. They are still saying they never received my last payment. We feel we have not done anything wrong and do not find our situation any different then if a husband bought a car for his wife or if my dad had bought the car for me (which I did drive the car too). The bank is now saying that they will auction the car and we will still need to pay the difference. If they do not feel comfortable with the loan and they chose to take it back then is my family responsible for having to pay? What rights do we have in case where we feel we have done nothing wrong? What about the payment they say the never received but I have bank statements and receipts for? Should I file a chargeback? I would appreciate any advice. Thank you!
Jason D Witt
1/13/2017 06:03:51 pm
If you were not in default you need to hire a local attorney ASAP to write a letter and/or file a lawsuit against the bank. You can also file a complaint with the NC Attorney General.
Brooke
1/17/2017 07:34:56 pm
My boyfriend has a car that is behind on payments apparently. There was a repo man at my door earlier this evening who knew my name and was looking for my boyfriend and his car. 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. Is that legal?
Jason Witt
1/17/2017 08:30:59 pm
I am not aware of any law that prohibits running plates. That being said disclosing the debts of your boyfriend to you may be a Fair Debt Collection Violation. You can always contact the NC Attorney General's Office to file a Complaint or ask about the legality of actions of the creditor.
Lance
1/26/2017 07:30:12 pm
I have a question on repossession, I had unpaid debt, like most back in 2015. It went to collection. I get a call from some supposed collection company this month (Jan 2017) with a threat of repossession on my motorcycle due to the bad debt. Well I just bought that motorcycle a few months ago from a private party, it's paid for and I have the title. The motorcycle was not and has never been used for collateral nor has it had a lean against it. So how can anyone say they can just come reposses it? Also back in 2015 when the loan was signed for I gave them a list of collateral goods. So why wouldn't they ask for that. Can they really just take what they want just because I own it?
Jason Witt
1/26/2017 07:34:13 pm
Unless they have a perfected security interest they should not be able to simply repo in NC. They could perhaps sue and execute on items you own via a judgment after you have an opportunity to claim your exempt property.
Tracy
1/31/2017 12:32:08 am
My car is out for repossession however I have an attorney working on filing a chapter 13. I understand The automatic stay begins once I receive a filing number. Is the employee lot at the airport private property (there are signs stating "authorized vehicles only"and entering requires the use of a swipe badge) Can my car be repossessed from the employee lot of the airport?
Jason Witt
1/31/2017 11:24:57 am
Many repo men will go anywhere and do anything to recover a vehicle.
Charles
2/22/2017 05:56:43 pm
Several yet ago I believe in North Carolina a lender was required to send an notice of default and a right to cure the default. I was also under the impression they were required to send a Notice of Intent. Are any of these notifications required in North Carolina. Thank you.
Jason Witt
2/22/2017 08:24:13 pm
Sounds like you are thinking of the notices required to be sent to homeowners in foreclosure. No advance warning is generally required to repossess personal property under North Carolina law.
Brad
3/7/2017 05:26:08 pm
Ok so i had a car repo and i was wondering can i sue the repo company for trespassing on my property when I clearly have no trespassing signs up also could I sue them for the theft of my license plate which is not property of the debt holder? The only reason i ask is bc i know a guy that got charged for the theft of his own license plate and spent time in jail and went to court. So wouldnt a repo man taken my plate be considered the same thing.
Jason Witt
3/7/2017 06:01:01 pm
I believe you could sue for trespass on your personal property, but what would be your damages? It would be hard to prove actual monetary damages if all they did was take a vehicle that otherwise had a lawful right to take.
Yesenia
3/31/2017 02:20:04 pm
My boyfriend had gotten a car about more than 3 years ago he had been paying every month on time for about a year when he had a lot of things going on and feel behind on his payments. It was about 3 months behind when they got his car repossed. He received one letter after that, but he wasn't able to pay so he left it alone. Now a year later he gets a letter from collections in Virginia saying he owes 12,952.00. He called and made a payment of $200 and that in less than 30 days he has to call back to set up payments. He didn't know what else to do. Is there anything to do now? Or does he just have to pay the rest off???
Jason Witt
3/31/2017 02:59:02 pm
Making a payment of $200 was probably a mistake as it has reset the statute of limitations and likely has whetted the appetite of the creditor for more money.
Greg
4/17/2017 08:59:21 am
My car was just repossessed and I need to get my child's car seat back. Can the repo company charge a fee for me to retrieve it? Also, can I retrieve the license plate to turn it in to the DMV? Thanks in advance!
Jason Witt
4/17/2017 10:36:21 am
There is no specific caselaw on whether they can charge a fee to retrieve your items. The NC Attorney General takes the position they cannot and will generally write a letter on your behalf, although they have yet to litigate the issue. Having them write a letter on your behalf is where I would start regarding your plate and other belonging inside the car,
Quita
4/17/2017 10:38:51 am
I took out a second lien on my vehicle. I am 3 DAYS late, the finance company has called several times back to back and also called my job. I have screened shot the calls because it is literally back to back calls. While I was helping someone at my job, my co-worker came to me and said that finance company had called and threaten to come pick up my vehicle. Are they allowed to leave messages like that with co-workers? Also, can they repo my vehicle if they are the second lien holder?
Jason Witt
4/17/2017 11:09:00 am
Telling 3rd parties of your debt is a violation of the Fair Debt Collection Act. You may want to use that claim as leverage in negotiations as most likely the creditor can still repo your vehicle even being a second lien holder- check your contract for details.
steve
5/14/2017 04:17:41 am
Hi Jason.
Jason Witt
5/14/2017 11:23:25 am
Generally speaking when you are past due on a car the lender has the option to accelerate the note and demand payment in full. There is usually no right to cure like NC has with homes. That being said, most auto lenders will usually allow borrowers to simply cure the arrearage.
Joseph Fulbright
5/29/2017 01:53:10 am
If my bike was being repossessed and I attempted to ride it away before they had possession and a random cop stopped me from leaving and then saw a gun on my hip in a holster in open view not concealed does that warrent probable cause. The cop was off duty working as security at my apt complex and followed the tow truck to my apt because as he put in the arrest warrant thats standard operation while working that job to insure that there is no conflict. I am a felon from long ago and have since led a normal life in my community. I'm not a career criminal. And when he waled over to me with his gun point at my head said dont f*****g move or I'll shot u in the face. I put my hand up and complied with every command. As he was cuffing me I asked am I being arrested he replied yes and I said for what. He then stated for coming out of the house like its the wild west. After in custody he asked if I was a felon and I replied yes but he didn't read me my rights before he asked that and after he informed me I was in custody. Now I'm not a lawyer but I'm pretty sure he can't do that. As he didn't know my name let alone know I was a felon before he got involved. I was literally sitting on my bike with both hands on the bars and trying to crank it. At no point did I threaten or curse of get loud with the tow truck driver. He said that I have a repo order and my response was simply " not today u dont" I'm in court now and the DA just offered me a deal of 3yrs supervised probation with a 12-24 MTV suspended sentence if I plead guilty to this slam dunk of a case as he put it. Can I get out of this. I only had my fiancés gun bc her ex husband was threatening to kill her me and our baby. And he's in the hells Angeles so the threat was real. Pls help with my next move. By getting unlawfully arrested ( I believe ) I lost a 15,000$ bike over a 2900$ loan and we got evicted from out home as well as I'm fighting for the next five yrs of my life while being homeless. We lost everything over that cop wrongfully flexing his authority. I feel he profiled me bc of the way I look.
Jason Witt
5/29/2017 11:34:37 am
Were still still on probation? If so, you are often subject to warrant-less searches of your person and property. This would be a matter to discuss with your criminal defense attorney. If you don't agree with his or her assessment then you should meet with another local defense lawyer who knows the local ADA's and Judges.
A law enforcement officer can not be part of a repossession unless they have a court order and usually served by a Sheriff's Deputy, although any law enforcement officer can serve them.
Tom Bailey
5/31/2017 01:14:31 pm
My town-home has a shared driveway with 5 other homes and a tow truck that said ":Recovery" on the side blocked me from leaving my home this morning and kept moving back and fourth as I tried to get out, I first I though he just parked in front of our driveway but realized something was wrong when he moved to the side as I did.. I got out and confronted him he said my car was out for REPO. I asked if he has the right person he said yes, I said does the plate match he said yes. When I got out of the car to confront him he backup up his truck to hook up my car as I was calling the police. Then he took out a clipboard to my drivers side windshield where the VIN number is and apologized and left. How can he do that, my car brown and no other neighbors have a brown SUV, one does have a car of the same make but totally different color and its a sedan. How can he confuse the two, and is it legal he blocks our driveway. The police asked if I I felt it was a carjacking, but did not feel like that at all.. I did not care to be blocked in my way to work, is there anything I can do, what if they come back?
Jason Witt
5/31/2017 07:08:01 pm
I am not sure what you are asking. Are you looking to sue this repo company? If they show back up and harass or block you I would call the police again.
Pam
6/3/2017 03:58:50 pm
Our car was repossessed in the middle of the night and when the Repo Man took it he dragged it from the top of our concrete driveway all the way down to the road. We know this because there are thick tread marks all the way down the driveway. We live in an HOA and are not allowed to keep our driveway in that condition. Will we be able to get them to come back professionally clean it? Also the way they dragged it they had to have damaged the tires. How do we go about getting the Repo Company to pay for the damages?
Jason Witt
6/3/2017 04:28:31 pm
Make sure you take pictures and video and file a complaint with the NC Attorney General. That being said, if you really want compensation you will likely have to sue. Since most people don’t want to pay a lawyer or sue on their own unscrupulous business practices like this will continue.
John Stuart
6/21/2017 05:16:31 pm
Hi Jason,
Jason Witt
6/21/2017 05:41:07 pm
I am not sure I follow. You purchased and financed a vehicle from a “buy-here, pay-here” lot? Did you not sign paperwork agreeing to a loan and to make monthly payments for X number of years to repay that loan? 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? If there was no release you would still owe the balance of any outstanding loan. Did you get anything in writing confirming anything?
John Stuart
6/21/2017 10:34:03 pm
Jason,
Jason Witt
6/21/2017 11:46:13 pm
What was the loan amount and interest rate? If the loan was for $11,000 and you only made payments for 1 year of a 5 year high interest rate loan then you could easily owe the majority of the original loan. Don't forget late penalties and fees. Also, many of the "buy here, pay here" lots finance in an overpriced warranty so the original loan may have been much more than $11,000 value of the car.
John Stuart
6/22/2017 01:02:49 am
Wow!
Jason Witt
6/22/2017 10:52:26 am
Locate the contract and figure out your outstanding liability. You also need to request verification of the debt and details on how the vehicle was sold, and if it was sold in a commercially reasonable manner. Finally, determine if the proceeds were properly applied to decrease your outstanding balance.
John Stuart
6/26/2017 12:17:52 pm
Thank you for all your responses, Jason. I just got a response from the company. The biggest amount that impacted the outstanding balance was the cost of repair and reconditioning they did that fell over $5,000. As far as i know, the car did not have any problems, major or minor. Can they do that? I guess that will be my final question, sir.
Jason Witt
6/26/2017 12:55:09 pm
Never heard of a reconditioning fee as a way to raise a loan balance, but I am not surprised by anything with a buy-here, pay-here dealer. I would suggest filing a complaint with the NC Attorney General.
John Stuart
6/26/2017 03:38:55 pm
I will do that. Thank you, sir, for all your help. I certainly appreciate your enlightening wisdom in this bleak situation and period of my life. This circumstance has caused way too many sleepless nights already.
Courtney Stegall
7/19/2017 08:29:34 pm
Hi Mr Will, quick question- I tried reading through all the questions but don't see exactly what I'm looking for. My car was repossessed today at my job in Columbus county Nc. No surprise, we were behind and I'm not disputing the reason they repoed it. It was late this afternoon and by the time I left work the tow place was closed. My question is that I have car seats and a few other things I need out of it. Is it legal for the tow company to charge me to get them out of the vehicle? Just curious about my rights as it applies to getting my stuff back. Thanks for any info you can provide.
Jason Witt
7/19/2017 09:06:01 pm
Tow companies charging a fee to return personal items is a common tactic to make extra money. Last time I spoke with someone at the NC Attorney General Office they told me their position is the tactic is unlawful, but there is no caselaw on point.
Amber Ford
7/20/2017 06:41:50 am
I purchased a vehicle and missed my due date by 2 days. I thought the payment was due on the 21st of the month. But actually was due on the 11th of the month. I received a call from the finance company on the 13th and inquired about my payment. I explained it wasn't due until the 21st. He explained no the 21st is the day it is late. I apologized and stated I would make the payment 2 days later. After an exchange of words. I disconnect the call due to the gentleman continuous bashing me. 2 hours later I arrived back from lunch and my vehicle was repossessed. After I called the main office and explained what the Branch Manager did. The general Manager immediately apologized to me and had my vehicle brought back to me. When they returned the vehicle my vehicle was damaged. Is it illegal to reposses one customer vehicle for missing a due date by 2 days not utilizing this rash collection technique with all customers?
Jason Witt
7/20/2017 08:43:56 am
You would need to check the default provisions of your contract. As you read the fine print of your finance contract you will likely find that most of the terms benefit the creditor and not the consumer.
Darrell Elliott
8/14/2017 07:07:07 am
We are behind in car payments. It is a high interest loan. My wife can't work anymore due to her health. We got married 2 years ago. The house we live in is paid for that has a life estate on it for her mom. The car loan is in both of our names. If we decide to voluntarily give up the car due to only having one income now could they force a sale of her home to pay off the remaining balance after the car is sold. Bankruptcy is not an option for us due to owning our home. The exemption is 35000 for a home but our house is worth more than that. She is the only person on the deed. Since both of our names are on the loan could they go after the house to sale if it's just in her name?
Jason Witt
8/14/2017 08:47:01 am
The house exemption is $35k per person on the house deed in NC. Tenancy by the entirety may also be another protection for the house. You really should speak with a bankruptcy lawyer at this point- many offer a free consultation. Internet legal advice is worth exactly what is costs.
Steven Mull
8/21/2017 08:09:10 pm
I work security for a local church in Charlotte and my question is; are repo agents allow on church property? Can they be advised to leave the property and or charged with 2 degree trespassing? I have looked in GS but can't locate anything I can advise the church. Thanks for any suggestions.
Jason Witt
8/21/2017 09:03:51 pm
You can certainly put up "No Trespassing" signs and demand the repo man to leave if you see him. That being said, they like to come in under the cover of darkness and slip out with the vehicle before anyone notices. To keep a vehicle from being taken you need to keep it garaged behind a locked door. If they can get to it they will take it- many could care less about the law. They often don’t get paid unless they get the vehicle.
Alissa
9/10/2017 07:16:18 am
Jason Witt
9/10/2017 11:51:25 am
It really depends if you and the creditor can work something out. Contact them ASAP and get extra money together to cover the repo fees.
Jessica
10/18/2017 03:46:33 pm
I recently had my car repossessed. I was notified by the bank that they sold the car $6,000 leaving me with a deficiency balance of $17,328. I feel like they under sold the car so I checked Kelly blue book and based on the condition/mileage of the car it is worth 13,000-17,000. How would I dispute the price that the car sold for or how can I verify that they indeed sold the car for $6,000?
Jason Witt
10/18/2017 03:55:58 pm
Cars almost never sell for full value at auction, which is most likely how the vehicle was sold. That being said you could certainly request information regarding the sale to determine if it was held in a commercially reasonable fashion. Be aware asking questions may prompt a lawsuit for the balance still owed. If a lawsuit is filed you should raise any issues with the sale as a possible defense, but you need to understand that cars sold at auction rarely bring fair market value.
Brian
11/8/2017 01:08:08 am
Will,
Jason Witt
11/8/2017 03:02:02 pm
The police are unlikely to help- they will probably state it is a Civil and not a Criminal matter.
Michelle
11/11/2017 12:40:44 pm
Can they repose your car after it's been wrote off as a loss and went on your credit ?
Jason Witt
11/13/2017 07:27:51 pm
Writing off a debt usually does not preclude collection on a debt. Furthermore, just because it may say written off on your credit report does not necessarily mean it was truly written off.
Niki
11/16/2017 07:41:24 am
My car just recently got repossessed and I'm not trying to get the car back but I do need my personal items out of it. When I called to ask where my car was to be able to get my stuff back they wouldn't tell me where the car was and are trying to tell me I have to pay $60 to get then back. Can they do that? Is that legal?
Jason Witt
11/16/2017 12:51:40 pm
The law does not speak to whether they can charge you a fee to retrieve your items. The NC Attorney General offices takes the position they cannot charge a fee and they will usually be willing to write a letter on your behalf, but to date have refused to file a lawsuit over the issue to make some case law.
Marhaba Shah
12/21/2017 01:24:38 am
My Boyfriends car was repossessed late Friday night while we visted his parents apartment. when we got back to the parking lot and did not see the car.. we reported it stolen and reported to the cop all the valuable items in the car, one of which was my purse. It took 6 days to finally get a hold of the repossession company due to them not having a website or a address listed anywhere online. only way to reach the company was to message them through Facebook message(sticky). Long story short, when I got my purse back my Credit card was stolen along with hefty amount of money.
Jason Witt
12/21/2017 08:28:38 am
If the police won't press charges he is probably right that your only option is to sue him. Since the burden in court would be on you and it would be he said she said that may be difficult. I would certainly file a complaint with the NC Attorney General in Raleigh if this happened in NC.
Mark
1/2/2018 03:54:48 pm
I have a equipment lease on a truck, skid loader, lawn mower and a shop hoist. I am self employed
Jason Witt
1/2/2018 09:18:21 pm
Not sure I follow your question. When you say lease is this really a purchase disguised as a lease with the option to purchase for like $1 at the end of the lease?
Whitney
1/8/2018 12:27:39 pm
If I am the lein holder of a vehicle and the owner has defaulted on payments, can I legally tow away the vehicle back to my property?
Jason Witt
1/8/2018 12:38:49 pm
Does your contract give you the right to repossession upon default? Do you have to provide notice before repossession? I would definitely talk to a collection attorney before you attempt any self-help.
Love Ware
1/11/2018 09:18:40 am
I've been with my loan for 7 months now, I Havent missed any payments and paid some early.. I missed my first payment and now I am 29 days past due. I can make the payment in 6 days but they refuse to give me additional time stating I am "at risk" assuming they mean the repossession process will start.. how long does it take for them to get the paperwork finished in time to repossess the car, does it take a few days? a week?
Jason Witt
1/11/2018 10:44:33 am
Most contracts allow for immediate action by the creditor upon default without any paperwork required before action is taken.
Jen
2/26/2018 06:23:57 pm
I took out a loan for a truck in March of 2016. Shortly afterwards I lost my job and called the finance company the address so it could be reposessed. This was June of 2016,They said they would get it in the next day or two. I was also moving..I turned in the tags, moved, and haven't thought about it sense. Today I received a letter from the NCDMV stating that my vehicle was in storage and gave me the name and address of the garage it was located at. I looked at my credit report, it shows as closed/charge off. What am I supposed to do because they were supposed to repo the truck.
Jason Witt
2/26/2018 07:30:24 pm
Why are you just getting a letter now from the DMV? Is the storage place asserting a lien due to storage fees?
Sam
4/16/2018 01:18:36 pm
My car got repossessed and due to falling behind on my payments. I continued to pay the vehicle up to day, but they are not willing to reinstate the account. 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. Is there any truth to this? Should I have not continued to pay if I was never going to get it back?
Jason Witt
4/16/2018 01:53:01 pm
Companies can set whatever policies they want regarding return of repossessed vehicles. Paying for a car you don't have is never an easy decision, but the alternative is risk being sued. Almost a lose-lose situation.
Amanda Molina-Grey
5/12/2018 07:28:06 am
I sold my car privately on a payment arrangement. There is a Lein on the title. I had the car for three years and when it was sold it was sold as is. The young lady is now 2 payments behind. Can I repposes the car?
Jason Witt
5/12/2018 10:01:50 am
1. Do you still physically have the title?
Chynna
6/9/2018 10:43:02 am
I bought a vehicle in 2007 and defaulted in 2008. The finance company tried to repossess a few times but were unsuccessful. The loan was charged off and has since fallen off my credit report and I’ve continued to insure and maintain the vehicle. The last figure I saw was that I owed around 35k. Of course the vehicle is no longer worth that amount, being 11 years old, but the blue book says it’s worth around 20k. The transmission has gone out and the repair will be about 2k. I’m thinking it’s not smart to invest that kind of money on a car that doesn’t have clean title but I’m not sure what to do. If I call the finance company it could open up a can of worms. If I pay to have the vehicle repaired it could be repoed at anytime. Plus I carry full coverage insurance which is probably a waste of money since if the vehicle was totaled the lien holder would be paid, but maybe that would be a blessing? I feel stuck with this vehicle! It’s still a nice vehicle but I don’t know what to do with it since I can’t sell it or repair it.
Jason Witt
6/9/2018 08:40:24 pm
I would not put serious money into a car that can disappear in a second! Either find a cheaper mechanic or let it go would be my advice.
Chynna
6/9/2018 11:34:06 pm
Thanks for answering me, Jason. I was leaning that way. If I call the finance company do you think this will reappear on my credit? Since they have to pick it up, sell it and refurbish it I know they charge for these things. The loan has long been gone from my credit report and no judgement was filed.
Jason Witt
6/10/2018 10:31:02 am
It would be pure speculation to guess how the creditor would respond. Hopefully the statute of limitation (usually 3 years in NC) would at least protect you from being sued. Be aware that making any payments can renew the statute of limitation- so don't make any payments at this point. I have a vehicle that I haven't made a payment on in over two years because the engine went in it. I just got it fixed a few days ago and they showed up at my house to repossess it.I refused to allow them to take and explained the situation. If there a certain amount of time that has to pass in order for them to stop pursuing the car.
Jason Witt
7/12/2018 10:32:08 am
You may want to contact the attorney general in your state to see if any such limitations apply.
Keith ohnson
7/18/2018 08:39:10 pm
A car lot has my truck for sale on the lot. I have a lien on this truck and can i repo this vehicle from the lot.
Jason Witt
7/18/2018 11:24:25 pm
You should have a creditors' rights attorney review the contract you believe gives you the right to self-help repossession.
kristine
7/27/2018 07:58:02 pm
my car was recently repossed and i paid the total cost of everything i needed to pay and the transported my car to an auction and order a release for me to pick it up but i had to pay any additional cost to the auction , they charge me for the key change which was $203 and also a transport fee which is understandable , but they also change the tires to prepare to sell the car so now i have to pay a total of $501 is there anything that can be done about that ? i did not ask anyone to change any tires
Jason Witt
7/27/2018 08:36:41 pm
That is a new one. Perhaps the NC Attorney General Office can offer you some guidance on the tire issue.
Calvin
8/23/2018 02:40:00 pm
A friends car was repossessed Monday, they gave him to the end of the week to catch up payments and pay the fees. We assisted and paid the amount and were told they would release the car in 30 to 45 minutes and to call the tow yard to arrange pickup. When we called to set up pick up appt they said the car got taken to auction this morning 4 days after being picked up and the lender would have to get the car back from auction. Is there no time frame set for remedy? Can they say they are reinstating and accept payment then still send the car to auction like that. My friend is disabled and has special pedals in this car and is in dire need to have it back as he has no other form of transportation to go anywhere
Jason Witt
8/23/2018 07:15:00 pm
I would reach out to the NC Attorney General Office for assistance. Hi! I recently moved to nc in December 2017. 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. So my question is I moved from another state where I brought the car, and now in North Carolina. I was just notified that my car is under a repossessed contract can they track me in this state?
Jason Witt
9/17/2018 12:58:16 pm
They can certainly try and locate you and the car. If your credit report has your updated address you can assume so does the creditor.
David
11/6/2018 11:51:09 pm
I was reading a few comments on repossessions.A couple of years ago i recieved a loan through a large corp.for auto loan.In 2009 when economy was worse in years my co. laid everyone off, couldnt find any work so i collected unemployment,after a few months i started my own business .I bought my first new truck in 2013 after 3 years of being in business,about a year into loan i came home to find my vehicle was repossessed,so i called co. who i had loan through and they informed me i missed a truck payment,at that time the transfered me to their repossession dept.I spoke with a gentleman on phone and askes if i missed a payment when and how much,at this point he says figure it out take the months you have owned the truck and your payments whatever is leftover is what you owe.He was being smart.I did one better than that at that time i made payments through money gram.It took a couple of weeks to get all receipts from moneygram,i faxed all receipts to them.i was not behind as a matter of fact i was 1 payment ahead.He then informs me it will cost $1200 to get my truck back from where they repossessed it.The next day i was making arrangements to get my truck they informed me it was sold.I lost 14 employees had to close business,what they didn't know when they repossessed truck all of my equipment was on it.On top of that it is on my credit report,it still effects my credit today how do i get it removed.
Jason Witt
11/7/2018 01:45:48 pm
If you believe there are errors on your credit report you can certainly file disputes with the 3 major credit reporting agencies- TransUnion, Experian, and Equifax. Check out the following blog article on this issue:
Brenda Hollingsworth
12/10/2018 03:57:55 pm
My car was repossessed after I paid my payment. I had to get the Police because he was refusing to let me get my belongings. He took my contract and my receipts of payment from my glove box. I asked for paperwork showing I was in default he added in writing 45 dollars owed but that was not on my last reciept. Is there anything I can do? Can i do anything about him taking my contract? It's a buy here, pay here dealer.
Jason Witt
12/10/2018 05:01:20 pm
Unfortunately some buy-here, pay-here dealers want to repossess your car so they can sell the same car multiple times. That is simply their business model. 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? At this point I would suggest making a complaint with the NC Attorney General Office. A link to do so is provided in the article above.
Brenda Hollingsworth
12/13/2018 03:47:30 pm
How can I do a complaint without the contract? He took my contract and all of the reciepts out of the car.
Jason Witt
12/13/2018 05:10:48 pm
You don't need a copy of the contract to file a lawsuit or make a complaint with the NC Attorney General.
George Becker
12/11/2018 05:26:24 pm
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. The title was originally in my name however when I took it to the garage the dealership took the title out of my glove box so now I can't even sell it to get rid of it and pay them back for the vehicle. If it sits on my property for so long without someone getting it, wouldn't that be considered abandoned?
Jason Witt
12/11/2018 09:10:53 pm
Whose name is the title in now?
Jeremy Turner
1/16/2019 03:42:36 pm
My car was repossessed 3 days after I singned the paper work for not having a valid drive license is that possible. 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
Jason Witt
1/16/2019 04:17:50 pm
I would recommend contacting the NC Attorney General Office for assistance. A link to file a complaint is provided in the article above.
Nancy
3/11/2019 09:35:11 pm
Hi my car got repossessed on Friday i went to the dealership the same day and asked if i can get my personal belongings out of the car the lady said yes but she said that she still has not received the car from the repo guy she told me to check back before they close i did and nothing she told me to go back on Monday to get my stuff and still nothing i went back before they closed but did not make it in time she said that onec she had the car she would call me she did not I was being nosy and noticed that the car is there is there anything i can do to get my stuff i have very important paperwork, my baby's car seat and stroller my husband's wallet is in there and it has our rent money in it what can i do can they keep it
Jason Witt
3/12/2019 08:12:59 am
I would point out you know your car is there and if that fails contact the NC Attorney General.
Lynn
3/14/2019 08:24:27 pm
My car was up for repo 5 years ago due to non payment of my loan. 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. Today I came home to find a note on my house door that said “Field Investigator with a case number and my name on it asking me to contact them. I know it’s about my car. Is it possible they are still trying to repo it after more then 5 years? It is a 2006 Toyota Lexus, 13 year old car! My credit report says it’s been written off. Do you have any advice for me?
Jason Witt
3/14/2019 10:27:15 pm
Sure- they could certainly be looking to repo your car. You should Google the number to see if you can determine who is trying to reach you. My advice would be to clean your car out of your personal belonging as they could easily just have someone sit outside your house, follow you to work and then repo it from your work lot.
Rebecca Nichter
4/23/2019 04:55:59 pm
Does this statute also apply to manufactured homes?
Jason Witt
4/23/2019 07:13:13 pm
Mobile homes can either retain a title like a car or become affixed to the land with a deed. When there is still a title a claim and delivery is often the route a creditor takes to repo a mobile home to avoid a breach of the peace. See the link below for more information.
Paula Emery
4/29/2019 07:48:20 pm
If we volunteer to turn our veh in what can we expect to happen? I can no longer afford it due to many hospital stays and medications this last year .
Jason Witt
4/29/2019 08:19:43 pm
There is a good chance the finance company will sue you for the deficiency and a judgment could potentiality result in a lien on your home. is it legal for a repo company to go into a parking garage and repo my car while I am gone. I flew back into the Charlotte yesterday only to find my car gone. They had mailed a certified letter to my old address, I was only behind late fees and the month of June. I thought my car had be stolen. They towed it on 07/11 I didn't even know until 07/14. Who paid the parking fees, I entered the garage on 07/08. The bank even sent my you have 23 days letter to my old address, when stated I had called and changed my address she said well not all departments communicate with one another. So I am already on 19 days to pay plus now I owe 525 tp towing company, due to max days (without my knowledge) processing fee, and personal belongings fee. So my 400+ bill is not a little over 2000. Because even though i have a 10 day grace period, my July Payment is due today they will not allow me to make my July payment during that grace period. This is a a nightmare. 22, work 3 jobs and go to graduate school full time not to mention being stranded in Charlotte when I live in Asheville.
Jason Witt
7/15/2019 02:19:58 pm
Many repo companies interpret the law to allow them to repo a car by any means necessary as long as it does not create a breach of the peace. If you feel your rights have been violated you may want to file a complaint with the NC Attorney General.
Linda
7/19/2019 01:34:49 pm
My daughter bought a car in Jan 2019 and has only made 1 payment and has no car insurance, yet she is driving around. Can she be arrested for purposely not paying her car note as agreed?
Jason Witt
7/19/2019 02:05:30 pm
I am not aware of any NC statute allowing arrest for simply not paying a consumer debt absent fraud.
Bryan Johnson
8/5/2019 12:39:28 am
I am purchasing a vehicle from a private buyer and I'm up to date on my payments. Today she messaged my wife and said she has to take the car back. She stated that wasn't able to pay off a loan that she had taken out using the vehicle she sold us as collateral. And that she has none of the money we've already paid her. My question is can she do that? Or do I even have to give her the vehicle back?
Jason Witt
8/5/2019 08:51:56 am
Do you have a written contract? Is the title in your name or still in the name of the seller?
Bryan Johnson
8/5/2019 01:49:02 pm
No we didn't have a written contract, but we have the receipts from the payments we made. I know we should've had a contract for the agreement but we didn't think she would take it back for something like her not being able to pay a loan she had taken out. She should have told us she had it up and collateral on that loan...right?
Jason Witt
8/5/2019 02:02:24 pm
Proving anything without a written contract will not be easy. How much did you pay in total?
Bryan Johnson
8/5/2019 02:14:00 pm
She was charging us 1200 we have paid 700 on it so far.
Jason Witt
8/5/2019 02:43:32 pm
Hiring a lawyer to recover $700 is likely cost prohibitive. You may want to think about filing a small claim action, but may decide that is not worth the time and $100 filing fee. In the future have a signed contract because at this point they may claim it was a lease.
Chris
8/6/2019 03:26:24 pm
I got a loan for my first vehicle around 2015—skip ahead a few years, traded it in for a newer vehicle. Come to find out, I'm roughly $15,000 upside down. I'm at a hardship right now, and not even sure if I can continue to pay for the vehicle. With the thought of being $15K upside down, it concerns me with maybe having to give up possession. ON TOP of owning a home, and not knowing if they can do something in relation to my real-estate. What would be my best plan of action here? Is there anything that can possibly happen other than my credit getting screwed?
Jason Witt
8/6/2019 07:21:16 pm
You should speak with a local bankruptcy attorney- many offer a free consultation. A creditor could potentially obtain a judgment lien against your house and maybe even force a sale.
Michelle
8/13/2019 12:21:18 pm
How does this apply to repossession of a storage building when lessee believes it is paid in full and is in communication with the lease company to clear up issue? The discrencancy stems from a $15 late fee the company assessed between submission of payment and application of payment.
Jason D Witt
8/13/2019 12:26:47 pm
You would need an attorney to review your contract for specific legal advice.
Shani
8/25/2019 09:03:43 am
Hi Jason
Jason Witt
8/25/2019 10:48:20 am
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.
Brad H
9/10/2019 10:11:04 pm
Will the ncdmv stop renewal of registration if my car is under repossession orders?
Jason Witt
9/10/2019 10:15:01 pm
Never heard of that issue before.
Candice Riddle
9/10/2019 11:08:28 pm
Hi Jason,
Jason Witt
9/11/2019 09:04:44 am
Unless you have your "agreement" in writing it isn't much of agreement. If your car was repo'd the finance company would simply deny any deal.
Candice
9/10/2019 11:10:37 pm
Sorry, I accidentally submitted. Continued from last comment...
Jason Witt
9/11/2019 09:07:30 am
Not sure where the truck driver lied- he was brutally honest. He is paid to take your car. No car = no pay. He will continue to try and take it until the bounty on your car is rescinded.
Candice Riddle
9/11/2019 10:46:03 am
Thanks Mr. Witt for your reply. I guess the only reason I thought he was lying is he was trying to convince me NOT to call the finance company, that they would not take a payment, etc. The bank was actually very understanding, offered a deferment as well, etc. I dont see them acting like that and offering help, then still trying to take it. The finance company told me the bounty would be rescinded this morning and I haven't seen the tow truck again, so they seem to be true to their word. I was just worried they were lying, going to take my money and still take the car, but it appears all is well. Fingers crossed! Thanks for your help!
Kendrel Stevenson
9/16/2019 07:23:28 pm
I applied for a title loan in NC back in December of 2018 in the amount of $1200. With interest fees the total I owed back was around $1550. I called and told them that I lost my job and to see if I had unemployment insurance added to my loan and I was told that I didn't. I began to fall behind on my payments and whenever I tried to take what I had, they would tell me that they dont accept partial payments. So I became 2 payments and I was in contact with them about arrangements. On August 14, 2019 my car was repossessed. Not only myself but my mom and sister tried to settle the loan but the office never returned their calls. I was scheduled for court on the 27th with the finance company and the judge dismissed the case because they didn't show up. Then I go to talk with the loan manager about resolving my debt to get my car back and she let me know that there was nothing I could do to get my car back because a deposit was put down on my car on the 26th. My balance was $961 and my car was sold for $1200. Then I recieved another letter about going back to court on Sept 26th for the same issue because it was dismissed and apparently they company couldn't find the court room. The lady from the loan office called and told me to disregard the notice and that I didn't need to go. But something isn't settling right with me. Why did they go back and change the ruling and why am I having to go back to court when she told me that my balance was taken care of. All ni of the papers that I received have wrong dates on them. Do I have a good civil case?
Jason Witt
9/16/2019 07:32:39 pm
You would need to meet with a local attorney who can review the court file and knows your local judges.
Joseph McClintock
10/22/2019 11:18:18 am
What requirements for a repo man to take your car? Due they have to verify the VIN# before removal?
Jason Witt
10/22/2019 11:39:44 am
I am not aware of any such requirement.
Brandy durham
10/29/2019 05:52:34 am
My car was repossessed and I am not even a month behind what are my rights
Jason Witt
10/29/2019 08:26:54 am
Was it a buy here, pay here lot? Will they not not return the car if you catch things up? You would need to review your contract to verify whether default has been triggered. You could also consult with a local attorney or file a complaint with the NC Attorney General.
Helen Williams
11/5/2019 02:11:47 pm
My mother took out a car loan for my sister as my sister's credit is shot. The loan originated in 2014 and the pay off is over $9,000 as of October. The car now requires over $6,000 in repairs. Can my mother lose her home if she does a voluntary repossession? This is her only asses, other than her SS benefits. She only received $800 a month from SS and has other debts. My mother's credit is terrible now as a result of my sister making late payments.
Jason Witt
11/5/2019 03:03:36 pm
For specific legal advice your mother would need to consult with an attorney as to what property she owns that could be subject to seizure.
RUSSELL CAPPS
2/6/2020 01:37:46 pm
My Mom's friend passed away recently and he had no immediate family living to be considered heirs. He wrote out a holographic will and left everything to my Mom. We are in the process of filing as a small estate collector with the clerk of court. The only real possession he had of value was an automobile. The automobile is financed and is worth more than what is owed (retail). In order to file a collection affidavit by law she has to wait 30 days from date of death.She called the bank to notify them that her friend had passed and that he left all his property including automobile to her and that she had someone interested in buying the vehicle and she was in the process of trying to probate his estate. They immediately said they had to reposes the vehicle, we learned the deceased was 41 days past due on his payment due to his illness. We now have caught up the payment on the vehicle and we are still within the 30 day window with the clerk of court. And the repo man has shown up trying to repo the car. We refused to let him have the car. How should we proceed with this issue? Thanks!
Jason Witt
2/6/2020 02:57:40 pm
I would recommend contacting a probate lawyer for advice.
RUSSELL CAPPS
2/6/2020 03:15:06 pm
Thanks!
Thomas
5/4/2020 07:48:08 pm
I had armed repo agents show up this morning to try and take my truck. They crossed through a locked gate and where walking around my property. When I confronted them they said there are no trespassing signs. What are my rights? I have filed a complaint against the finance company with the NC attorney general.
Jason Witt
5/4/2020 09:07:45 pm
One possible remedy is to file a lawsuit against the finance company and/or repossession company. If they did not actually take your truck then proving damages outside of some unfair debt collection violation statutory amount might be an issue.
Jamie
6/7/2020 11:35:58 am
I made the mistake of doing a verbal deal, selling a vehicle. We agreed to $200 payments every month until $3800 was paid. I have a lien on the title in my name and thought that would be enough so at least he could not sell it. I have only been paid a small amount in almost a year. Is there anything I can do?
Jason Witt
6/7/2020 12:30:44 pm
You can certainly sue this person for the balance owed to you per your verbal agreement. Small claims might be your best approach as hiring an attorney to sue for $3,000 may not be cost effective.
Bobby Price
6/8/2020 08:43:10 pm
I have been asked to repo a flatbed trailer. The catch is the an ex wife sold the trailer without a title. She did not have any right to sale the trailer. I have found the trailer after 4 years. I have not informed the current user of the trailer, as I am certain this will go bad. I have the title in hand and the registration and have checked with NC State Highway patrol to verify ownership. Any suggestions as to how to proceed?
Jason Witt
6/9/2020 02:51:42 pm
I would recommend speaking with a creditor rights attorney for specific legal advice in this situation. You are very right about being concerned this could go bad. Might be best to simply turn down the job rather than spend money to verify you are not going to create a liability issue for yourself.
David Scronce
7/22/2020 09:06:39 pm
I have a loan or had a loan through Santander Consumer USA for a 2014 Chevrolet Silverado and I have filed a complaint with the NC general attorney because I feel like I'm a part of the predatory lending that Santander had to do the multi state settlement. Santander has already turned this in on my credit as a charge off and has the full balance on my credit. I thought they had to auction the vehicle first and then turn in the balance on your credit? They haven't even reported the vehicle yet but I did get a call from them today telling me if I didn't make a payment that they were going to repo the vehicle. What am I supposed to do here? Something just isn't right about the situation and this company has done this to so many people! They need to pay. Please Help
Jason Witt
7/23/2020 10:58:50 am
The creditor can report delinquent payments on a credit report before repossession as they are in fact under no obligation to repossess if they choose not to or cannot locate the vehicle. Hopefully the NC Attorney General can provide further guidance as to any unfair or deceptive business practices.
Chris
8/10/2020 03:44:49 pm
I have a lien against a car, it’s listed on the title and I have the title. The borrower has stated they cannot pay me back in full by the due date on the contract. I offered a payment plan past the due date and they rejected it. I believe they know I plan to repossess the car on the due date. Since I know they do not plan to pay me back on time via email with them can I repossess the car before the due date on the contract? The due date is in a week. My fear is they’ll run off with the car if I wait till due date.
Jason Witt
8/10/2020 03:55:15 pm
You would need a creditor attorney to review your contract for specific legal advice.
Chris
8/10/2020 04:04:47 pm
Meant to include contract language: “
Jason Witt
8/10/2020 05:17:12 pm
I am more of a debtors' rights attorney and this blog does not constitute specific legal advice. You should seek out a creditors' rights attorney to review the entire contract for specific legal advice.
Lynne
9/16/2020 04:44:36 pm
Is it a law in the state of NC that I should be allowed up to 10 business days to buy back my vehicle prior to it being sold for auction? If so, should I receive notification that informs me of this?
Jason Witt
9/16/2020 06:39:23 pm
You should contact the NC Attorney General for specific legal advice.
Lorenzo
12/17/2020 12:33:56 pm
I had my vehicle repossessed around this time last year. To this date I never received any notice that the vehicle was going to auction to be sold, I don’t know how much they sold it for, I don’t know when and where the auction took place, anything. Fast forward to earlier this month. My family and I have started receiving a ton of calls from a Diversified Recovery. It’s borderline harassment. I’m looking for information on what my options are. I’ve done a little research online and it says that whenever a repossession takes place you must be notified if they are planning on selling the vehicle in order to recover the amount owed.
Jason Witt
12/17/2020 02:59:32 pm
You may want to consider filing a complaint with the NC Attorney General. You can do so on their website online. A girl who lives in my house had her car repossessed from my driveway causing damage to my driveway. There are tire marks the entire length of my driveway. The car is hers but the driveway is my private property. It's is a legal repo in the state of NC. If not can she have repo fees wavered.
Jason Witt
1/8/2021 12:14:00 pm
I would recommend contacting the NC Attorney General Office for guidance on this issue.
Stacey
2/16/2021 03:34:39 am
I voluntarily turned in my vehicle around the beginning of 2020 because I could no longer afford the payments. The car was way overpriced in the first place and the loan company would not refinance the vehicle or work out any type of payment reduction. I also could not trade out of the vehicle because so much was owed on it. I was one payment behind ($715) when I just decided to let it go because my job furloughed me when COVID hit. I knew I would not be able to play catch-up so I took the loss. I recently received a letter from a collection agency saying that the vehicle was sold at auction for $12,000 but that I still owe $17,000 on this car. ($27,000 was what I owed when I turned it in) I know these loan companies can carry insurance on vehicles for such scenarios and I don’t see how I could pay off $17,000 in any kind of timely manner because I am still struggling to recover financially. I do t want to file for bankruptcy because I had to do that back in 2010. I don’t know if I should contact the collection agency and try to set up payment arrangements because I can’t afford to pay very much monthly or just wait and see what happens. I know creditors can get a writ of execution because that’s the reason I had to file for bankruptcy previously, although that was because of a credit card company that I was apparently a signer on that my deceased husband had and the debt came to me when he passed. Anywho... what would you suggest?
Jason D Witt
2/16/2021 12:18:34 pm
My advice would be to save up some money in hopes of maybe settling for 50 cents on the dollar. A 5 year plan of monthly payments on $17,000 would be $284 month- do you think you could afford that? If you don't see yourself saving up maybe half of the current balance within 3-5 years I would certainly consider speaking with a bankruptcy lawyer.
Edd J
3/10/2021 11:03:29 am
Hello,
Jason D Witt
3/10/2021 12:54:13 pm
That is a rather common occurrence to access a blocked vehicle. I am not aware of any specific case law on point in NC, but you can certainly contact the NC Attorney General to file a complaint and seek their opinion on the matter. I co signed for my son to get a car. The car was impounded due to dui. I’m not able to get the car out of impound because my name is on the car also. The lien holder is the only one to get the car out. I’m not able to refinance with the same lien holder I was told so I got another one with my name only and they are cutting a check to pay the previous lien holder off. Will I be able to get the car released out of impound?
Jason Witt
4/7/2021 10:54:51 am
Why was the car impounded- does you son have multiple arrests for DWI? If the car has been seized by the police you may need to file an innocent owner motion with the court to get it released.
Luke
4/10/2021 01:19:19 pm
Can a creditor take a building/shed by damaging property and lay claim on things inside the building and charge an outrageous(1,000 dollars) amount to return items to their owner?
Jason Witt
4/11/2021 09:58:44 am
You should consider filing a Complaint with the NC Attorney General.
Tashia
5/21/2021 03:02:28 pm
Hello Mr. Witt,
Jason Witt
5/21/2021 04:34:41 pm
I am not aware of any specific dollar cap on repo fees, but $800 sounds high for a normal repo. My suggestion would be to file a complaint with the NC Attorney General.
PW
6/7/2021 08:58:25 pm
I want to know is it legal for a police officer to run tags on a parked car at private property (hotel) and repo your car?
Jason Witt
6/8/2021 09:59:45 am
The police do not repo cars to my knowledge. For more guidance on this issue I would suggest contacting the NC Attorney General.
Austin
7/6/2021 02:13:56 pm
I am currently hiding my car due to covid issues being laid off and my loan intuition is out of state. It is the only way my wife and I have atm for transportation and I am not about to give my car up if I can help it. I have never had this issue in my life till now and my loan intuition will not work me so what im wondering is if they do take this to court will it just turn out to be a judgment against me or will the court here in NC make me give them the car back and ill be in debt for even more then the car is worth and still have no way to pay them any way? There is an old saying that comes to mind " you can not take blood from a stone" I may need to just ride this out and see what happens! I have even gotten a new license plate and have covered the vin number in side car so it can not be seen unless the car is unlocked!
Jason Witt
7/6/2021 04:02:40 pm
They could file a lawsuit for the total amount currently owed on the loan and/or a motion for claim and delivery to force you to hand over the vehicle.
Austin
7/6/2021 10:21:05 pm
OK thank you for the information, I also would like to know how they can make me hand over the car? would the police actually come out for it? and what if I don't have it when that time comes? Im not sure if I could actually be put in jail for it could I?
Jason Witt
7/7/2021 06:54:47 pm
Police could potentially be utilized or perhaps a court order might direct you to hand over the vehicle subject to contempt of court for failure to do so. Claim and delivery actions are rare mainly because they are rarely worth the effort or expense.
JANICE
7/7/2021 05:48:57 pm
I had some random person come pick up my car because there was a mistake with an employee who processed my payment by card but did not post it on my account. When I asked the person to show me his repossession license or some sort of proof he could pick up my car or had the right to, he refused. What is the NC Law for who is allowed to repossess a vehicle. Because I think this was not only unfair but illegal.
Jason Witt
7/7/2021 06:58:20 pm
I would direct you to file a compliant with the NC Attorney General if you feel they violated State or Federal law via their actions.
Danielle jones
11/8/2021 08:33:34 am
On July 26th 2021 I was awarded my car in a Domestic Violence Restraining Order even though the car was in my husband's name. This .owning a man knocked on my door to repo the car and didn't want to even see the paperwork where I was awarded the car. Is there anything I can do to get it back? I have 4 kids this was our only means of transportation
Jason Witt
11/8/2021 08:40:37 am
The finance company is not a party to the DVPO action meaning they are not bound by that Order. Your remedy at this point would be to file an action against your husband for child support and/or spousal support.
Tanya
11/17/2021 03:29:54 pm
I had a vehicle repossessed and did receive the letter that it was sold with a balance due from me. It is legal for the original finance company to charge me interest on the balance left after the repossessed and re-sale?
Jason Witt
11/17/2021 03:37:45 pm
I would encourage you to contact the NC Attorney General Office for the current rules on what charges are legal.
Garry Justice
1/7/2022 06:55:14 pm
In March of 2016, I was going through a divorce and could not afford payments on 2 vehicles at the same time. I took the new car and let the finance company of the used one know, I asked them to come and get it because payment was not an option. They did, eventually.
Jason Witt
1/8/2022 10:00:04 am
I am sorry, but do not handle credit reporting issues, which can be a nightmare to try and fix absent a lawsuit. You would either need to locate an attorney who handles Fair Credit Report Actions or possibly file a Complaint with the NC Attorney General to see if they would offer an assistance.
Chris
2/1/2022 04:55:17 pm
I had a car repossessed last week. The repo lot is telling me I have to pay $250.00 to redeem the car or $100 to retrieve my belongings redeem the car. Is this legal in N.C.? They refuse to make an appt that fits both our schedules as well.
Jason Witt
2/1/2022 05:19:31 pm
Last time I spoke with the NC Attorney General office about a repo lot charging to retrieve items there was no caselaw on point, but they considered it unlawful. My advice would be to file a Complaint with the NC Attorney General Office to see if they will intervene on your behalf.
Ryan Michael Maulding
2/15/2022 11:31:36 am
I bought a car in October but the dealer couldn't put the title in my name cause I previously wrote a bad check to the state of NC. So can they repo the vehicle since it was never titled to me? I missed one payment and they picked it up but won't give it back until I make the bad check to the dmv right so they can title it to me and get me a tag. Of course they want me to catch up the payments which I am cool with. But is it legal to repo my car and make me title it in my homestate?
Jason Witt
2/15/2022 02:00:06 pm
For specific legal advice you would need an attorney to review the contract. If you feel the creditor has violated the law you may want to consider filing a complaint with the NC Attorney General.
Jamie
2/27/2022 10:12:10 am
My mother sold a vehicle several years ago. She did so with a verbal contract payment arrangement. She gave him the title but she kept a lien on it to insure she got paid. She got paid the first month or so but has not received a dime in over 2 years. She contacts him and was given excuses for a while and now he is not even answering her phone calls. Is there anything she can do?
Jason Witt
2/27/2022 11:20:44 am
Not having a written contract is a major issue. How much is owed? She may want to consider simply filing a lawsuit in Small Claims court. 3/30/2022 04:32:43 pm
Had a repo 9 years ago , Sheriff knock at the door trying to serve papers from credit lender.
Jason Witt
3/30/2022 05:00:37 pm
If you get sued you should certainly speak to a local attorney as you may be able to raise the statute of limitations as a defense.
Bre B.
5/18/2022 11:56:03 am
I need advice on a situation. My boyfriend signed for a car for his brother maybe a year or two back and his brother recently passed away and he had to take over the car. He fell behind in the loan and recently got repossession so the car company which is a buy here pay here says he has to pay the full balance due plus repo fees and not just the amount he’s behind in. Is that legal? Why does he have to pay the full amount of the car loan which is 13k and not just the 1600 he’s behind in? I will post text that the car company sent here
Jason Witt
5/18/2022 01:31:18 pm
Many types of loans including car loans often include an "acceleration" clause meaning if you miss 1 payment the entire loan balance is accelerated and is immediately due. You may want to review the contract and contact the NC Attorney General to file a complaint if you feel they have violated the law.
Thomas
6/17/2022 10:11:31 am
What rights do I have if my finance company hired a repo agent that ended up stealing the properties they were hired to repo? I had defaulted on a loan and after a very long complex, story made short, apparently the repo man has never gave the property to the finance company. I thought they sold it at value back in 2018 and no deficiency balance was due, as they never spoke to me after the whole repo incident .fast forward to 2022 and they wrote off the balance and I received a 1099 for the whole value and had to pay income taxes on it. The finance company never advised me of the issue and only after inquiring about the 1099 did I learn they never got the trailer from the repo agent. He is MIA now and they claim there's nothing they can do and I owe them the money still technically.
Jason Witt
6/17/2022 10:23:59 am
You could certainly sue the repo company and also argue for an offset if the finance company sues you. At this point I would recommend filing a Complaint with the NC Attorney General and speaking with an accountant about disputing the 1099 or claiming insolvency.
Clay
8/2/2022 06:57:41 pm
I'm not sure if this has been asked yet, but my question is if my vehicle has been declared totaled and is sitting at a body shop will repo people take it from there or still try to stalk my house? I didn't have the proper insurance when I bought the car and it got totaled, the cost to fix damages is the price of the car itself. If I stop making payments and the totaled car gets repossessed what does that look like for me?
Jason Witt
8/2/2022 07:02:51 pm
No telling if a creditor would bother to repo a totaled car or not. You should assume if you stop making payments they will sue you for the balance of the loan.
Larfue williams
8/8/2022 11:36:13 am
My car is repossessed on July the 13th and coming to find out they released it for auction on July the 14th Now I have been calling the lien holder about it They did not give me The 10 days that I needed to retrieve the car back which they told me they would give me to July 23rd I called the lien holder to find out where my car was They did not give me the information I called on July the 22nd to let him know that I did not have the full amount that they were looking for and they said well keep working on it and call us back on Tuesday So they called me back on July the 27th and finally gave me where the car was. I have been calling the tow company for the last two and a half weeks to try to retrieve stuff out of my car and today is always the 8th and I was finally able to get the stuff from the front app that they had already taken out on my vehicle. I had items in the trunk of the vehicle And I was not able to get them The vehicle was sent to the auction on the 19th of July And I even called the auction to find out where my stuff was and it's no longer in the vehicle. I wanted to find out what my rights are since the vehicle was sent already to the auction before the date that they told me I would have I'm in North Carolina
Jason Witt
8/8/2022 11:52:02 am
You should strongly consider filing a formal complaint with the NC Attorney General Office. A link is provided to do so in the article above.
Sandra
8/11/2022 08:36:57 am
I was behind on my car payments. The bank charged a repo fee, and my car was never picked up. Can they do this?
Jason Witt
8/11/2022 09:23:12 am
Never heard of a repo fee without a repo. perhaps they repo man could never locate the car and they still had to pay a fee.
Brooke
9/21/2022 03:23:09 pm
I have a question, I feel pretty dumb about actually. At tax time last year I paid $4,500 down on a $10,000 car at a buy here pay here place with the intent of keeping my payments as low as possible. I made the first two payments before I lost my job suddenly and unexpectedly after that. I tried to work with the guy that owned the car lot but after missing the third and fourth payments he repossessed the car. Essentially for five thousand dollars I only got to drive the car for four months. Does a nearly 50% down payment count for nothing in this situation?
Jason Witt
9/21/2022 04:04:16 pm
For specific legal advice an attorney would need to review your contract. You may also want to reach out to the NC Attorney General or Legal Aid for assistance. 11/3/2022 12:04:31 pm
I just had a car repossessed. My question is I purchased the car thru and pay here buy here because I was not able to get a traditional car loan. I did not realize at the time but I actually owe 2 times as much as the car is worth. Example is the vehicle is worth about 8000 and I owe 15,000. I have decided to let them just keep the car and sell it was this time. Is there anyway I can fight the deficiency balance that I am sure I will owe after the sell since there will be no way they will get even close to what I owe on the car?
Jason Witt
11/3/2022 01:06:20 pm
You would need to have a local attorney review the contract for specific legal advice if the buy/here pay/here place actually decides to file a lawsuit.
Robert
11/10/2022 07:19:04 pm
What is the NCGS, requiring the creditor to notify me of the upcoming sale of my vehicle and the opportunity to buy it back?
Jason Witt
11/10/2022 07:33:26 pm
Take a look at the Uniform Commercial Code "UCC" adopted in NCGS § 25-2-706. Be advised the creditor may be eligible to elect the option of a private sale.
Victor
11/14/2022 01:42:49 pm
What about a volunteered repossession? And then they refinance the car to another customer how does that work for what is owed? Or how would it affect my credit?
Jason Witt
11/14/2022 02:48:59 pm
You would need to review your contract, but generally speaking a creditor can always sue for the balance of a loan, which would likely damage your credit.
Andrea
11/30/2022 08:23:34 am
If I hide a friend's car that's up for repossession in my garage will I get in trouble for anything?
Jason Witt
11/30/2022 10:30:24 pm
I have never seen anyone prosecuted for that, but that does not mean there could not be some law that could apply.
Kristen B
3/3/2023 10:06:32 am
My question is in regards to household appliances that are financed.
Jason Witt
3/3/2023 10:19:08 am
Repossession of household appliances is very rare as they are usually not worth the effort. This is especially true if the borrower refuses access to the items and court action is required.
carrie
3/14/2023 07:02:16 pm
Our car was out for repossession, it was not repossessed. We made arrangements and got current, the next statement showed 2 fees 75. (repossession fee) and 921 (private investigator). We disputed and never saw the charges again on a statement. 5 years later the car is now paid off (showing a 0 balance on the statement and on the credit report) now the credit union is holding the title until they collect the fees. Are these fees even legal and being that they have never been shown on a statement and the credit reports are showing paid off.
Jason Witt
3/14/2023 07:06:56 pm
I would suggest to review your contract and maybe contact the NC Attorney General Complaint hotline to see if they can provide any insight into that issue.
Michael Varner
3/30/2023 09:42:34 pm
How long does a creditor have to sell repossessed property
Jason Witt
3/31/2023 09:46:12 am
I am not aware of any specific time guidelines for that. You may want to contact the NC Attorney General to see if they have any guidance on that issue.
Cyndi
7/16/2023 12:31:07 pm
My vehicle was repossessed in 2018 and I received a 1099-C in 2021. Now the lender is reaching out to me via phone email and USPS mail stating I still owe on the deficiency balance. I asked the lender to supply doccumentation to support their statement (Loan balance at time of vehicle auction, sum the vehicle was auctioned for) and they will not provice that information. They just keep sending statements with the deficiency balance and negotion offer. Can the lender do that?
Jason Witt
7/20/2023 01:35:29 pm
Not aware of any NC law preventing them from sending letters as to an outstanding balance, but beware of making any payments as that could restart the statute of limitations for them to sue you.
Shai
7/25/2023 10:20:44 am
Do you know if there's a set time debtors have to pay off a deficiency after the car is sold at an auction? My lender gave me thirty days, and I want to know if that's appropriate.
Jason Witt
7/25/2023 10:28:40 am
You would need to review your contract, but many loan agreements of all types "accelerate" the entire balance of the loan after default. This can mean the entire balance is due shortly after you miss your first payment.
John
8/9/2023 05:31:20 pm
If someone had a car loan and the company wanted to repo the car after being late first payment and refused my payment. The dealer told me to turn the car back in which I did not. I’m still using the car because I need it they just haven’t found it yet. Is this a crime ?
Jason Witt
8/9/2023 07:04:24 pm
Simply using the car should not be a crime, but you should contact a local attorney or the NC Attorney General for assistance to get caught up on payments before they locate and repo the car.
Tiffany
4/13/2024 12:03:36 pm
Title loan company repossessed my car. They advertised me I had 10 days to pay off loan in full. While they had my vehicle, they sent it to a shop and had repairs made, including the ignition switch and told me I was responsible for those charges as well. I disputed those, and they eventually agreed, gave me an accurate payoff amount and I paid it in full within 6 days. They gave me my title but claim to have lost my keys. This is on a Friday. They're not open on the weekends, so here I sit, with no vehicle just waiting for a phone call. Is this legal?
Jason Witt
4/13/2024 12:52:22 pm
You would need to have a local attorney review your contract. You may also want to consider filing a Complaint with the NC Attorney General- link is provided in the blog post above. Your comment will be posted after it is approved.
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