Illegal repossession

[workinghard]

Anyone run across this scenario after filing the 13 and being granted a stay the repo man took my vehicle....this was my wake up call last night. Forget about my objections or having the stay papers plastered in the windows of the vehicle they still took it. Lawyer working on getting it back, so far it's still gone. Cops can't help "it's a civil matter"

[Boscoe]

did you include the car in the bk? And how soon after you filed did they take it?

If they did, this is yet another violation of the automatic stay and they are liable for the sanctions, more if you can prove it caused you harm. Take a look at the long thread called "Chapter 13 discharged...but not over yet"

[FeelingHopeless]

I'm not sure what the details of your situation are ... but my one piece of advice is "stand up for yourself." I was ready to just let them keep my van after they repossessed it ... until someone told me, "Isn't it worth one billable hour to find out if they're wrong?" People will bully you and try to get away with whatever they can get away with ... but only if you let them. I wish you the best!!!

[dscurlock]

I'm not sure what the details of your situation are ... but my one piece of advice is "stand up for yourself." I was ready to just let them keep my van after they repossessed it ... until someone told me, "Isn't it worth one billable hour to find out if they're wrong?" People will bully you and try to get away with whatever they can get away with ... but only if you let them. I wish you the best!!!

if the fault is theirs, then its their hour that is going
to be billed, from that point of view, who cares if
its worth it, as they are the one that will get the bill
in the end.

[lrprn]

Anyone run across this scenario after filing the 13 and being granted a stay the repo man took my vehicle....this was my wake up call last night. Forget about my objections or having the stay papers plastered in the windows of the vehicle they still took it. Lawyer working on getting it back, so far it's still gone. Cops can't help "it's a civil matter"

I'm taking a guess that it's possible since you filed recently, your lender didn't get their notice about your bk filing in time to stop the repossession which was probably already in motion when you filed.

Call your lawyer asap in the morning and find out (if you haven't already) if he/she has already contacted your lender, told them about the repossession and violation of your stay, and demanded they return the car immediately or risk going to court to explain to the judge why they broke the law.