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Repo replevin negotation and

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  • Repo replevin negotation and


    1. What happens if you do not just hand over your vehicle to repo man after a CH 7 discharge?

    2. If you wait till you get a REPLEVIN order, can you work something out with the judge to be on a court ordered payment plan? If the judge denies a payment plan, am I on the hook for deficiency as if CH7 never happened?

    3. What if car gets REPO'd ? Do you still have right to buy back your vehicle at auction? ( I am in CALIFORNIA. Here when your is REPO-d you have 10 days I think to pay off car, AND if you don't they OC must provide you of the day and time the auction will commence so you can buy your car back...) Not sure if this is same after CH 7

    4. My understanding is that after CH7 discharged, all court protection preventing repo is lifted, but that I do not have to proactively assist the REPO man in doing his job. The repo is still "self help -civil matter", not court order (replevin). The judge denied my REAFF, but did not issue any order or stipulation saying explicitly to hand back the vehicle. My vehicle is not hidden , removed out of state, or otherwise being spirited away---it is just kept in a private garage where I live.

    5. Also it is my understanding that in CH7 the debt for the car was wiped out, and only the LIEN remains. So if this goes to REPLEVIN, the OC receives back the vehicle and at most liquidated damages ( like repo cost and/or decrease in book value of vehicle for the time you had vehicle post discharge). I was ue hence the reason I got behind, but now employed and would like to pay off the vehicle.After I get a couple pay checks i will have enough to put a good down on this vehicle and refi it and pay of OC completely.
    I just want know what happens IF they repo before it I get it refied.
    Last edited by mxlplx; 02-01-2012, 03:41 PM. Reason: CLARITY

  • #2
    From my experience the lender will want all payments made up after you stop paying on them. They may or may not waive late fee's. In my case they were willing however they were open to another option. In this case it was were I owed 2200 on the car but they were willing to take private sale value of the car for full release of title, 1100 in this case. But that was full payment of negotiated value at once.

    Your best bet is just to exercise your right to deny access to private property, your garage, until the repo guy gets a court order. After that I then trying to buy it at the auction would be best. Buying under a "redemption" period means your going to be out full balance, cost of repo, late fee's etc etc etc. They can't force you to pay it, but they can ask about whatever they want to release the lien on it. Just keep that in mind.

    And be glad your not in Georgia, only state in the union a repo guy can force you to turn over property without a writ.
    3/2/09- Filed: chapter 7 / No asset
    4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
    4/2/09- Trustee Report of No Distribution Filed
    6/24/09- Discharged and case closed


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