Emergency!! They Repo'd My Car Illegally!!

[tracy1878]

This morning when I got out of bed, my car had been repo'd!! We filed on 10/12 and i informed them on 10/13. My 341 is 11/16. I had stopped making payments due to the car being junk, but was feeling safe due to the protection of the bankruptcy. What do I do now? We filed pro se. When I called the police this morning to report it stolen, they told me it was repo'd. I tried to tell them about the bankruptcy, but they said I had to take it up w/ the Buy Here Pay here place. We've not rec'd anything from the courts so they've had to done this illegally! I just checked pacer, and there was nothing on there. What can I do to get my car back? Other then pay them, since I shouldn't have to right now

[Lightning]

If the car's junk and you don't want to pay for it, why do you want to waste time and money fighting to get it back for a few months only to lose it again?

I'm sure the kind folks here will tell you how you can file paperwork and even sue, and they'll tell you how wronged you were. But the bottom line is it will cost you time and money to get a car back that you will ultimately lose anyway.

You defaulted on the loan. Even if the up-standing "buy here, pay here" dealership violated the law, don't expect the court to see you as a victim and award you some life-changing settlement.

[tracy1878]

i don't expect any "life changing settlement," i expect for this place to abide by the law.

What they did was illegal. PERIOD.

I expected to keep my car until the discharge, just like everyone else on here does. Not sure why that makes me a bad person in your eyes, but whatever

[tracy1878]

on my paperwork i rec'd about my 341, it has the trustee's name and address. should i contact him?

[StaciMM]

Contacting the trustee is the best idea I can think of. If there is nothing on Pacer about a motion to lift the stay then they were out of line to repo it.

[Lightning]

Yes, what they did was illegal. They should at least be fined. But realistically, don't expect to get the car back.

[MRDEBTSTER]

Yes, what they did was illegal. They should at least be fined. But realistically, don't expect to get the car back.

What they did was break a FEDERAL law. Your right, they should be punished.

I know of people who had a vehicle illegally repossessed and when it was all over, they received the full amount of the loan as a settlement from the lending institute.

Best of luck.

[tracy1878]

well, hubby spoke with the trustee, who wasn't very optimistic about them returning the car. However, he stated he would call them to inform them of federal law.

When I returned home from work tonight (in hubby's car) my car was sitting in the driveway.

How much do you want to bet that they file for a relief from stay in the next few days?

At least this made me get off of my butt and talk to that 722 redemption, and the good news is we are approved. But we are going to try to hold off on that for as long as we can, we don't have much money saved up... duh, we're in bankruptcy!

thanks for listening to my panic'd ravings.

[Genenco]

Darn! You could have nailed them $$$$ big and walked away free on that
debt

[robivi3]

it would be hard to get $$$ out of them. Likely the Trustee informed them that they may be involved in a suit by the Trustee since the Stay is in effect. He may have an interest in the car and that is likely how he approached it. he did not do this to help you, the Trustee works on behalf of you creditors.

The Trustees Attorney was coming for 96' Corsica back in early '04 and i fought to keep it. As he told me "everyone tells me their car is junk" and if you look on my Trustee site he is very rich but is also selling some BK junkers.

Of course if the Trustee does less than he should not be Trustee. Had he abandoned interest in the car it is unlikely he would have said much.

I can't blame them for trying, can't blame you for panicking either.

[jennga]

so glad you got your wheels back. Must have been quite an experience to wake up and find vehicle AWOL.

[StaciMM]

Thanks for updating!

I'm curious to know if they file for relief. My guess is that they won't-would have to hire an attorney, etc. Even if they do, though, the hearing should not be scheduled sooner than 1-3 weeks.

Are you getting a replacement vehicle thru 722? If so, when you're ready to move forward (select a vehicle, etc.) it should be in your driveway a week later at most.

I worked w/ Stan there, by the way.

At least this made me get off of my butt and talk to that 722 redemption, and the good news is we are approved. But we are going to try to hold off on that for as long as we can, we don't have much money saved up... duh, we're in bankruptcy!

thanks for listening to my panic'd ravings.

[CRRAVOSA]

I inform my clients that the automatic stay is like you are in a bubble and the creditors cannot pop the bubble without getting the pin from the court i.e. motion to lift automatic stay. The courts take violations of the automatic stay very seriously, I doubt they would file a motion to lift stay as at this point your lawyer might respond in his opposition that they violation the automatic stay and also you still can ask the courts to sanction them.

Has your attorney filed the motion for redeemption yet? Most companies pay the attorney thru the loan. Good luck!

[Lightning]

We filed pro se.

CRRAVOSA:
You might want to actually read posts before you reply. The debtor doesn't have a lawyer.

[tracy1878]

so far we've not heard anything from the car lot or the courts... although i was tempted today to drive thru their lot and flick them the bird, but I restrained myself!!

Hubby and I were approved thru that 722 redemption, but we are wanting to wait until after xmas to do it... one less bill will help our xmas not be so bleak. Not that we go overboard... our kids are the only grandchildren, so they never want for anything anyway!

at 722 redemption, we've been talking w/ beverly. She told me that the down payment is the tax and title, but it seems most people say it's 500, so i need to figure out which is which. 500 would be alot easier to save up then the tax and title on a 10-15,000 vehicle.