car repo - toyota

[debtmonster]

I would think to be judgement proof you would not have a job/bank accounts/house for them to attach a lien or garnishment.

If that was true, they would have done that to me over and over since 1992 and they never did.

[pookieny]

I spoke with my BK attorney. They were of little help.

I am actually thinking of asking for my money back and file in South Florida. I called the attorney I want to use in South Florida and they say that I need to reside down there for 5 months before I can file. It's also $1,000 cheaper to use them. $2500 vs. $3500 that I paid up here.

Maybe I could just buy a used car for cash and not file. Forget this whole mess. It's such a hassle to file. I'll just buy cars and put them in other people's names so that I have no equity and will be judgment-proof.

I would think to be judgement proof you would not have a job/bank accounts/house for them to attach a lien or garnishment.

[debtmonster]

I spoke with my BK attorney. They were of little help.

I am actually thinking of asking for my money back and file in South Florida. I called the attorney I want to use in South Florida and they say that I need to reside down there for 5 months before I can file. It's also $1,000 cheaper to use them. $2500 vs. $3500 that I paid up here.

Maybe I could just buy a used car for cash and not file. Forget this whole mess. It's such a hassle to file. I'll just buy cars and put them in other people's names so that I have no equity and will be judgment-proof.

[DebtEnder]

The writ is the likely outcome of the hearing, you would have notice of a hearing first I would assume. TALK TO AN ATTORNEY. I think you've gotten all the info we can hope to give you on this.

[debtmonster]

Well what floridian said it sounds like you have to go to court to even be issued a writ. Not showing up would be contempt however.

But if I am out of town, how could I even know about the writ? Don't you have to be served to get the writ first?

If I am 350 miles away from the residence of where they are trying to repo the vehicle, why would I be in contempt of something that I don't have control over?

[DebtEnder]

Well what floridian said it sounds like you have to go to court to even be issued a writ. Not showing up would be contempt however.

[debtmonster]

btw, when the judge issues the replevin, he can issue a "break order"... it authorizes the deputy to break the lock on your garage if necessary...they have to have a witness that the car is in there first...

Cool. That's not gonna happen because we will be in a totally different county. They will be chasing a wild goose.

I just don't want to have any arrest warrant out for me. I have $30 in my checking account right now. I in no way, shape or form able to pay to get out of any jail.

So they will have to serve me for that writ, right?

[floridian]

btw, when the judge issues the replevin, he can issue a "break order"... it authorizes the deputy to break the lock on your garage if necessary...they have to have a witness that the car is in there first...

[floridian]

you cant be arrested for civil violations....the statute in larceny states that you have to intend to permanently deprive the owner of the property... the state attorney would have to review that..

you will probably be served with a replevin in time... it cost them 250 to obtain the writ in florida... they just changed the proceedure....you will have to appear before a judge and answer why you dont give back the property.... then, he can issue the writ... then you can be arrested if you are in contempt of court..

[DebtEnder]

Arrest would only be involved if you still failed to produce the car or otherwise hindered the officer of the court I would think. Contempt of court and all that. It's just like getting served a judgment in civil court and not producing financial info when required. Getting a judgment in civil court does not get you in jail, ignoring the court after judgment can lead to all sorts of things however.

Again, lawyer, I just read case law, but I'm no lawyer

[debtmonster]

Can they arrest me at some point after executing a writ?

They can sit at a distance all they want. It's easy to spot them here. As I have stated like 10 times on various posts, I live in the sticks. There's almost no traffic on the road. I can see any car following me SUPER easy.

If the repo man wants to follow me for 30 miles to my destination, then he can have it.

I doubt they would go through all that trouble for me. They only make about $200 bucks on a repo. Every time they have to drive to my house, that's nearly a 60 mile drive from their place round-trip. Every time they come to my house and I'm not there, they end up wasting a lot of expensive diesel fuel.

Can't the repo man just go back to the lender and say that he can't find the vehicle and simply give up?

I want to know what the worst case scenario is.

How long does it take the coourt to issue that writ of replevin?

My only worry is getting arrested. We'll have no money to get out of jail. Or do they even keep you in the jail? Do they just bring you to the station and tell you to give them the car and that's that?

I need to go to the doctor and get anxiety pills now.

[ShouldWeFile]

IMHO, you may not have much luck keeping this car as long as you are residing at the address that the lender has for you - even if you park the car in the garage nightly. I think they would be willing to stake out the address for many hours from a distance, but not likely to break into the garage or home.

Once you are at the remote address, assuming that absolutely no one has the physical address, you may be able to keep the car indefinitely - at least until you file (then you will have to list them as a creditor). The lender will likely just 'charge off' the loan or lease balance at some point.

I just gave three cars back to the respective lending institutions - I just cancelled the insurance on those vehicles this morning also. The odd thing is that the one I was most past due with was Mercedes Benz Financial, they were always the most professional and understanding - 90 days past due and they are still as nice as pie - I am guessing a lot of people are giving up their luxury cars. American Honda Finance wanted the car back even though I was only 38 days past due, simply because I stated I had consulted with a bk attorney and not sure as to my intention(s) of keeping the vehicle and/or making payments...

[DebtEnder]

I doubt the Repo guy would be doing any B&E. The sheriff might. I would imagine you would get a notice of the writ via mail. I have no idea if they give a small window to produce the property before they employ the service of the sheriff. Contact an attorney to get detailed info.

[debtmonster]

What happens if you're not home and they think the car is in the garage? They go breaking into the house only to find nothing, all the while damaging a door or window to get in. What's the story with that?

Like we're getting ready to go back to Miami in a few days and will have the SUV with us. What happens if they get that court order to enter my house while I am gone? Can they do that or does somebody have to answer the door and say that the car is not here? I wonder if they will go to the neighbors first and ask if they think we are out of town or not.

[DebtEnder]

If a writ of replevin was issued by the court for the lien holder then yes the owner of the vehicle would be compelled to produce the car. Most states besides the one I live in require this if you refuse to allow entry to secured property for the car to be taken. Otherwise repo man calling the cops means little, all they can do is keep the peace and enforce your will regarding him entering your property.

Now the repo guy can sit on the street so long as he is not violating loitering/parking laws and the like all he wants. Once the car leaves secured property and you are not there to tell him he's not allowed to take it he can hook it and go.

This is at least my understanding based on what I have read. I would ask an local attorney just what the laws are regarding repo in your state. As I live in Ga they can force me to allow access to secured property without a writ.