If your lender can't locate your vehicle to do a "self-help" repossession, they can still sue you for the vehicle. This will involve a small claims case, where the judge will order you to give the car to the lender. You might even be compelled to Court to provide testimony about the location of the vehicle.
How the Repo Man Can Get Your Car. If you purposely hide your car to avoid repossession, and the repo man can't get to it without using force, your creditor may ask for legal assistance. What they can do is request an order of replevin or a monetary judgment against you.
WHAT IF THE LENDER DOESN'T REPOSSESS YOUR CAR? This means that: You are stuck with it – if the lender doesn't come to pick up the car. You can't sell it – because the lender still has the lien, and selling it would be committing a theft.
It's important to keep in mind that the repo man will likely not give up on repossessing your car. We're talking about a trained professional whose livelihood depends on getting their hands on your vehicle. So they are not going to be easy to avoid.
A repossession agency with authorization from the legal owner will attempt to take your vehicle for the legal owner. If you hide the vehicle to avoid repossession, you may give up your right to continue with the same contract with the legal owner.
The agent will usually be equipped with a duplicate key for the vehicle, but could also enter the car by picking the lock and hot-wiring the engine. In some states, lenders are not required to issue you a notice if they are about to repossess your car.
There are several ways we have of identifying your vehicle from GPS, tag, vehicle description, Vin. If I'm looking for your vehicle and I see one that fits the description I look for the tag, if it's a match and I know I've got my vehicle.
If you see the repossession agent in the process of taking your vehicle, you have the right to object. While there are no “magic words,” you must state your intent clearly: “I object to this repossession.” “Do not take my car.”
Keep it in a locked garage.
Contrary to popular belief, repossession agents are allowed to enter private property to claim a vehicle—but they can't “breach the peace,” which generally means they can't use force or violence to do so. That includes circumventing locks on private property.
They can follow you when you leave your home. Repossession happens after parking your car for just a few minutes. Most public property is accessible for repossession activity.
An auto loan charge-off without a repossession typically occurs when you haven't made your minimum monthly payments on an unsecured car loan for several months in a row.
Unless you have a "clean title" on the automobile you cannot lawfully sell the car; why? Because you still owe money on it; and because the lender still has a valid lien on it--until they either receive payment or forgive the lien in writing.
The Bottom Line
Your car will eventually be repossessed if you don't pay your car loan. Before that point, you'll be charged late fees for your missed payments, your credit score will take a significant hit, and you may be charged fees for repossession.
License plate recognition software, GPS tracking devices, and online databases are all commonly used. These tools can quickly and accurately locate vehicles, even if the debtor has moved or hidden the vehicle. The law provides specific guidelines on how repossession should be carried out.
Repossession skip tracing can help you anticipate future locations. For repossession agents working to repossess something physically from an individual, skip tracing is important. Someone needs to be able to know where an individual is now and where they're most likely to go next.
A repo agent earns fees by recovering the car and the added charges for towing and storage fees for the towing service. He doesn't care what happens to your credit report or whether you get the car back. To get the car repossessed, repo agents must search and find the auto and then remove it to a storage facility.
Repo companies also use license plate scanners that identify cars that lenders are trying to repossess. Vehicle repossession companies regularly go through public parking lots to scan license plates and search for cars that they can take.
The repo man`s job is to collect the car, not knock on the door giving you the chance to raise hell to him. However there are times where they will call you one time on repo day to make a phone call to the lender and make a payment then they will back off.
Repo agents are also not allowed to breach the peace. But agents can take your car if it's parked on the street or in a public parking lot, and they can tow your vehicle at night.
If you catch a repo man in the act and you want to stop the repossession just unequivocally protest it. Saying something as simple as “you may not take the car” generally suffices under laws for vehicle repos as an “unequivocal protest” and will require the repo man to stop the repo process.
Simple answer is no! The repo company would need to contact the owner of such vehicle blocking the access to the automobile they were there to repossess. Plus it would be a good idea to involve the local police to make sure everything was proper and legal.
'I shall not cause harm to any vehicle nor the personal contents thereof, nor through inaction let the personal contents thereof come to harm' It's what I call the Repo Code, kid! Bud : It helps if you dress like a detective.
Some auto lenders may require or offer the option to install a GPS tracking device on a financed vehicle as a condition of the loan. This is typically done to help the lender locate the vehicle in the event that the borrower defaults on the loan, or to prevent theft or misuse of the vehicle.
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