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when will they pick up my car?...rec'd discharge last week...

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  • when will they pick up my car?...rec'd discharge last week...

    We were discharged... a CH 7 no asset case last week

    We decided to surrender our more expensive car and we are keeping our less expensive car. I was current on both cars until we made the decision to surrender---then I quit paying on that car, which was 2 months before the discharge. Now it is time to surrender the car, and my attorney called our lender (Fifth Third) and asked if we could drop the car off at the dealer or bank. They said no. They will not give us a date that they plan to pick up the car. I called them (5/3rd) to give them our address and told them I was surrendering the car. They would not give me a date either, just said it depends on when someone is in the area. My question is, can i continue to drive the car around until they finally get around to picking it up, or since I called them and told them where it is parked, do I have to keep it there for who knows how long? I am kind of afraid to take it out since I have no idea when they are coming, but others are telling me that who cares if they can't find it...that they wouldn't even work with us. My attorney was upset that they were not willing to let us drop it off anywhere, he tried to explain to them that he is trying to make it easier on everyone, (the lender & his clients) but they did not care. (shocking, huh!?! )

    Anyway, can I drive the car around to the store & such?? What happens if they come and the car isn't here? I feel like I am having to work around them when they are being unreasonable.

  • #2
    Well I'd be afraid of driving it to work and having them pick it up in the middle of the day with no transportation home.

    What were the reasons they wouldn't allow you to drop it off at the bank or dealership? I guess if you are really anxious to get rid of it you could just drop it off at the bank and not give them a choice.

    Comment


    • #3
      Since we live in a very large apartment complex, we really didn't want someone here towing it away. We asked about dropping it off (at the local Honda dealer or a bank), and they told my attorney if I do, I will be held liable for the car until it's picked up and towed away. It's frustrating!

      I don't work right now as I have 2 young kids that I'm home with.

      Thanks for your reply KSgirl!

      Comment


      • #4
        Anyone?? Of course my dog is sick and I may need to take the car....with my luck they will come to tow it if I need to go out.

        Comment


        • #5
          In our case, we kept driving our vehicles until they picked them up. We kept the registration and insurance current. We offered to drop both vehicles in a mutually acceptable location, but neither lender contacted us in advance to do that.

          Our truck was "taken in the night" and as for our car, the tow truck driver knocked on the door (still had the license plates on it and personal belongings inside, so he did a courtesy knock).

          My only fear would be them tracking me down when I was out and about with it and leaving me with no way home. Otherwise, drive it as much as you want, as long as it's properly registered and insured.

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          • #6
            No one can tell you when a repossession is going to occur. Only the repo agent could tell you when they were coming, and they do , generally, attempt to reach you for an amicable repossession. But that is not guaranteed.

            So long as you have insurance, a license, and the vehicle is registered, you can drive it. You are at the mercy of the repo agent and when they decide to take the car. You should have already removed all your personal items from the vehicle i preparation for the repossession.

            You would NOT be responsible if something happened to the car if it were towed.

            Ask your attorney if you could just leave it at a 5/3 branch! If you really want to be done with it, just tell 5/3 Bank that it will be parked in the lot at their branch on XXX street in XXX town/city. I can't tell you if that would work, but it would be in their lot. Something to think about.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              thanks for the info. Trust me--- my attorney argued with them for them to let us leave it somewhere. SInce we live in a large complex my attorney didn't want me to have to go through a repo with all the neighbors around---watching and wondering. They refused to do it and when my attorney said "Look, we are trying to get the car back to you and we're trying to make this easier on EVERYONE" they said well if we left at the bank, we would be liable if something happened. I just said that's fine, I guess we'll keep it here then. I just wasn't sure that I could legally drive it since I called them to surrender it. I still have full insurance on it and all of that....it's good to know that I can take it out if need be.

              Thanks again!

              Comment


              • #8
                I still do not see why leaving it a 5/3 Bank parking lot is not allowable? You would not be liable for any damage to the vehicle... even if it's stolen. The debt was discharged in a bankruptcy. I don't know why the bank is so hard to work with. You leaving in a bank parking lot is no different than you leaving it in an apartment complex parking lot.

                I do not personally see the difference (liability-wise) at all. But, I'm not an attorney... so.

                The vehicle is yours until they take it.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment


                • #9
                  Park the dang thing at the bank. Walk into the branch, introduce yourself to the manager and hand him the keys. Walk out and write down his/her name. Call the lender tell them where it is and you have discontinued the insurance. Tell them you surrendered it to Joe Smith an employee of 5th / 3rd.l.

                  My friend demanded that GMAC take his Hummer back. They told him that they would pick it up when convenient. NHL was military and didn't want it taken from base housing. He took it to a Chevrolet dealer and parked it sideways across the service entrance. As he was walking off he tossed the keys to the service manager. When they called him and told them he was still responsible, he asked them if the understood that he was bankrupt. Then he asked them if they knew where the car was, when they said they did he thanked them for confirming that on a recorded conversation. He wasn't recording anything. We were on a firing range at the time. He never heard from them again.

                  I am of course not a lawyer but rather a total jerk who loves to upset creditors. My own experience was that FMC never came and got my vehicle. It's been years.

                  Comment


                  • #10
                    Originally posted by Bell30656 View Post
                    I am of course not a lawyer but rather a total jerk who loves to upset creditors. My own experience was that FMC never came and got my vehicle. It's been years.

                    I like your thinking!
                    "To go bravely forward is to invite a miracle."

                    "Worry is the darkroom where negatives are formed."

                    Comment


                    • #11
                      Been out of touch

                      So if you didn't get your victory dance, here it isa:

                      http://www.youtube.com/watch?v=f9aA_fba_To


                      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                      Comment


                      • #12
                        Originally posted by Bell30656 View Post
                        Park the dang thing at the bank. Walk into the branch, introduce yourself to the manager and hand him the keys. Walk out and write down his/her name. Call the lender tell them where it is and you have discontinued the insurance. Tell them you surrendered it to Joe Smith an employee of 5th / 3rd.l.

                        My friend demanded that GMAC take his Hummer back. They told him that they would pick it up when convenient. NHL was military and didn't want it taken from base housing. He took it to a Chevrolet dealer and parked it sideways across the service entrance. As he was walking off he tossed the keys to the service manager. When they called him and told them he was still responsible, he asked them if the understood that he was bankrupt. Then he asked them if they knew where the car was, when they said they did he thanked them for confirming that on a recorded conversation. He wasn't recording anything. We were on a firing range at the time. He never heard from them again.

                        I am of course not a lawyer but rather a total jerk who loves to upset creditors. My own experience was that FMC never came and got my vehicle. It's been years.
                        That's pretty funny. I think that's something we'd all like to do.

                        I guess I'm not seeing the issue with dropping it off at the bank or dealership (depending on who the loan is through) either. Damage could occur to it just as easily in your apartment complex, and maybe more so than a dealership or bank parking lot. Although at the same time I'd probably continue to drive it as long as possible if you didn't mind that you might walk out into the parking lot and not find it there one day.

                        Comment


                        • #13
                          Originally posted by ksgirl38 View Post
                          That's pretty funny. I think that's something we'd all like to do.

                          I guess I'm not seeing the issue with dropping it off at the bank or dealership (depending on who the loan is through) either. Damage could occur to it just as easily in your apartment complex, and maybe more so than a dealership or bank parking lot. Although at the same time I'd probably continue to drive it as long as possible if you didn't mind that you might walk out into the parking lot and not find it there one day.
                          Yes it could easily get damaged anywhere. But I was thinking, how can they pick it up when I am out because they would have had to follow me or find me. I will know if I'm followed because we live at the way back of the complex...and when I'm home they could easily take the car (it's not hidden), after all I am surrendering it...I wish they would take it!! And if I happen to go somewhere then it's because they are not here. we live in a huge city and I don't work so if I do go out they couldn't really narrow down where I went. So I'm not really concerned with them finding me....but I guess if by some miracle they did I would just call a friend for a ride.

                          Comment


                          • #14
                            It does not matter if it is damaged, stolen or anything else. The loan was discharged. They have no recourse other than to repo the vehicle. You are under no obligation to "keep it safe or undamaged". If a tree falls on it tomorrow while parked in your driveway they cannot sue you or even threaten sue you. Drop it at the bank or dealership walk in and hand them the keys. The only problem I can foresee is some states require insurance as long as the vehicle is licensed so be sure and return the tag.

                            Comment


                            • #15
                              Be careful with leaving the vehicle at a local branch – my township has laws prohibiting the leaving or abandoning of vehicles in local business’ parking lots. Because legal transfer has not taken place any tickets or towing costs would still be placed in your name and the burden of proving transfer of ownership would be on you, not the bank.
                              Filed Pro Se: 11.12.2010 ~ 341: 1.12.2011 ~ Discharged: 3.9.2011 ~ Officially an Asset Case: 3.30.2011 ~ Last Day to File Asset Claim: 6.28.2011 ~ Trustee Final Report: 8.1.2011 ~ Asset Distribution: 8.31.2011 ~ Case Close: 11.15.2011

                              Comment

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