If you have a personal vehicle, a debt collector can legally take your car, sell it, and use the money to settle the debt. There's one crucial thing to keep in mind. If your debt is related to a property like a piece of land or defaulted on a car loan, these possessions can be repossessed to settle the debts.
Can the Judgment Creditor Take My Car? The short answer to the question, “Can a judgment creditor take my car?” is “Maybe.” Generally, creditors will only take a vehicle if your car has value. A car with value can be beneficial to a creditor, as they can sell it and use that money to pay off the debt you owe.
Once you're on a debt collector's radar, it can become a full-time job trying to dodge them. Yes, debt collectors have a right to their money. But they don't have a right to harass you or your family, garnish your wages, arrest you, threaten you, or break the law in any way to get what they're due.
Your wages could be garnished; a lien could be put on your home. Even if you pay off the debt, an account in collections remains on your credit report for seven years from the date of delinquency.
Debt collectors can only take money from your paycheck, bank account, or benefits—which is called garnishment—if they have already sued you and a court entered a judgment against you for the amount of money you owe. The law sets certain limits on how much debt collectors can garnish your wages and bank accounts.
A judgment debtor can best protect a bank account by using a bank in a state that prohibits bank account garnishment. In that case, the debtor's money cannot be tied up by a garnishment writ while the debtor litigates exemptions.
Usually, a debt collector must obtain a court order before accessing your bank account. However, certain federal agencies, including the IRS, may be able to access your bank account without permission from a court.
Will I go to Jail If I Hide my Car From the Repo Man? If your lender has received a court order compelling you to turn over the vehicle, then yes, you could go to jail if you disobey the court (often called “contempt of court”).
The longer answer: While you are under Debt Review, your assets remain secure under the protection of the National Credit Act (NCA). This means that your car cannot be repossessed under Debt Review.
“The summons will be delivered to your address via a sheriff. If you don't defend the summons, then the lender can obtain judgement and a warrant of execution. It's only through this warrant of execution that a sheriff can repossess your car,” Hamman says.
Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.
Hiding Your Car From the Repo Company
Typically, recovery companies attempt to find your car for up to 30 days. Some borrowers attempt to keep their car in a locked garage during the search, which is one of the only places where a recovery company can't take your vehicle from.
You may be able to drive a charged-off car
If you don't make payments, the lender can repossess and sell the vehicle in order to recoup the outstanding money owed. However, even when an auto loan is charged off by a lender, you may be able to continue driving the car — at least for a little while.
Unpaid credit card debt will drop off an individual's credit report after 7 years, meaning late payments associated with the unpaid debt will no longer affect the person's credit score.
If you've missed a payment on your car loan, don't panic — but do act fast. Two or three consecutive missed payments can lead to repossession, which damages your credit score. And some lenders have adopted technology to remotely disable cars after even one missed payment.
Contact Your Lender. Request a Deferral. Refinance Your Car Loan. Trade In or Sell Your Vehicle.
In line with the 'thirds rule', if you've paid more than half of your hire purchase loan, your car finance repossession rights take effect, and your lender cannot repossess your vehicle without following the proper processes. However, you can return your vehicle to the dealership at any point after you've paid half.
For hidden cars and even for some vehicles parked at great distances from a subject's typical haunts, a repo agent might use an electronic detector to track down a vehicle for repossession. These days, many lenders require that all new vehicles be equipped with such devices.
Some car dealers install GPS tracking devices on cars they sell. These trackers show the repo man exactly where your car is at all times. This means that if you miss one payment, the repo man might be able to track you down immediately to repossess your car.
Hiding your car is just a bandage.
This is considered “breaching the peace,” and it's one of the rights a repo man can't break during the repo process. If you lock your vehicle away and the recovery company is unsuccessful in collecting it, the lender can take you to court and attempt to get a replevin.
The first step to stopping debt collectors from calling you is telling them the 11-word phrase - “Please cease and desist all calls and contact with me, immediately.”
Answer. Bad news: It's legal for a creditor with a court judgment against you to freeze or "attach" your bank account. Some creditors, like the IRS, can attach your account even without a court judgment. (Learn how to avoid frozen bank accounts.)
Under the Fair Credit Reporting Act, debts can appear on your credit report generally for seven years and in a few cases, longer than that. Under state laws, if you are sued about a debt, and the debt is too old, you may have a defense to the lawsuit.