The repo man cometh!! (questions for those who know)

[Dollar Bill]

Well, we are at the home stretch for a discharge, and my auto finance company says that they do not negotiate whatsoever.

I plan to give up the car, but not until I find something suitable for my family.

I have a few questions for those who know, or whom have kept their vehicles away for the repo man until they were ready to give them up.

1. CAN THE REPO COMPANY REMOVE A VEHICLE WITH A TOW TRUCK FROM YOUR PROERTY? (IE. DRIVEWAY) I HEARD THEY COULDN'T, BUT WHAT WILL HAPPEN IF THEY DID I GUESS!

2. CAN THEY GET THE POLICE INVOLVED IF I DECIDE NOT TO GIVE IT UP? (IE. THE CAR IS IN MY GARAGE, AND I DO NOT OPEN IT FOR THE REPO COMPANY)

3. HAVE YOU EVER HAD THE COURT GET INVOLVED SO FAR AS BEING IN CONTEMPT FOR NOT SURRENDERING DURING A TIMELY MANNER?

4. ANY HORROR STORIES I NEED TO KNOW OF?

LIKE I MENTIONED, I PLAN ON HOLDING ON TO THE CAR UNTIL I FIND SOMETHING WE CAN DRIVE.

[BKParalegal]

If the auto finance company doesn't have an order for a Motion for Relief in your bankruptcy, then they can't take it until after discharge, unless you voluntarily surrender it. If they do have the MFR or MLS( Motion to Lift Stay) then they can come and get it and yes they can tow it off your property, but they can not enter a garage if the door is closed, nor move any vehicle that is blocking the one they want. Most states require a Writ of Replevin before the cops will aid in getting the car, and some states have concealment laws, but it is only enforced if the car is being hidden for months.

Good Luck

[AngelinaCatHub]

BKP is right as she/he knows more than I. However, I cosigned for a machine that was not even mine. I called the company advising I would drive it to their door. They stated no they would pick it up. I TOOK PICTURES, INSIDE AND OUT, AND HAD THE MAN SIGN THE CONDITION. So mine was simple.

In my opinion, get going on a good used car as they will come for your machine, unless you either pay through or reaffirm. 'Hub

[Dollar Bill]

Thanks for the reply. I'm gonna look some info up on the Writ of Replevin. Do you know what the cops can do if they get involved? Also , will I be served something if things get heavy. Say for instance I claim my sister took the car across country to visit a friend in the hospital? Will they wait this thing out or try to impose fines, jail time. Well that sounds a bit extreme, but I'm just not sure.

[BKParalegal]

I think at that point they shoot to kill.

[RedLight]

You are in the same position as us. We are still paying on them, so hopefully no one will be here until the discharge. The obvious reason is that we cannot get a new loan until the discharge and our credit reports will not report correctly until then either. What is your discharge date? We just began the 60 day waiting period...waiting till December 5th.

[TEW]

You are in the same position as us. We are still paying on them, so hopefully no one will be here until the discharge. The obvious reason is that we cannot get a new loan until the discharge and our credit reports will not report correctly until then either. What is your discharge date? We just began the 60 day waiting period...waiting till December 5th.

If you are paying the loan chances are they are not going to take the car.

[HHM]

You need to accept the fact this car is gone.

1. Yes. if the car is out in the open, they can grab it.

2. Generally, the police do not get involved. But as was already mentioned, there is a potential remedy for the lender where they can involve the police (but it is rare).

3. The lift stay is effectively a court order and the lender can go back into BK court and force the turn over. If you do not comply, then you can be held in contempt.

[Dollar Bill]

Thanks everyone. RedLight I am up on the 21st of Oct.

BKParallegal...you are funny. (LOL) I bet if the repo could, they would.

They have been given a bad rap from all the shows like REPO MEN on A&E.

I am 80 days past due. The lender said they would be out to get it at the end of the month, after submitting paperwork to the court. She then said that since I hadn't reaffed by 30 days in, they have the right to pick it up anyhow.

I am happy to no longer pay that again. I belive I will get a secured personal loan against a CD and buy a vehicle next week hopefully.
Thanks again.

[biotechsolution]

you're sort of safe until your discharge date. Once your discharged you are essentially keeping property that isn't yours. I think there could be a number of laws you might have to worry about. Because then it has nothing to do with the Bankruptcy Court.

[NowImDownInIt]

They have been given a bad rap from all the shows like REPO MEN on A&E.

Totally not true! LOL, the repo man deserves the rep. My ex-boyfriend (between my ex-husband and current fiance) is a repo man. He loves it. He gets such joy out of the misfortune/irresponsibility of others. His MySpace name is "Repo Man" and his status is set to "helping people walk to work every morning is what I love." And he's a real prick about it to. He waits until the middle of the night to strike and then takes it. He's even gone as far as to rear-end someone when they tried to run from him. Can you see why we didn't work out?

[allavdj]

The repo guy that picked up my car called before he showed up to make sure I was home and the car was available. When he showed up he was real friendly (he even had his son with him, he picked him up early from school to go do some dad/son stuff at the park), we talked for about 15 minutes, he said about 10 years ago he was in my shoes. He gave some friendly advice on getting through the crunch, told me to take care of my family first then worry about the bills and wished me luck while I tried to pull through the mess. He really took a bad (and embarrassing) situation for me and made it as bearable as he could.

[b_girl]

I have heard of instances where the repo guys have tracked vehicles all the way to malls miles away from one's home then snatched the vehicle while the person was inside shopping. I wouldn't try to avoid the repo if I were you...just give up the vehicle and borrow or rent one in the meantime.