They won't repo my car!

[sassiebaz]

So, the credit union that we took down in our ch13 won't come get the vehicle we are surrendering. They told my lawyer it's not in their best interest to come get a vehicle that has no value. What in the heck are we supposed to do? I don't want to tow it to them. They said something about we can try to sell it. So we get a buyer, sell the car for a couple hundred, give it to the credit union, and they give the title over? I dunno what our options are.

[optimistic1]

cant you just keep it?

[Ifonly]

I would ask my attorney if they could basically give the title to you (isn't that what they're saying anyway) and then you could junk it (is it really a junker?). Seems odd, isn't this the car they were desperate to repossess a few months ago. I don't get it. I had zero problem surrendering my van back to Chase Auto. Guess it depends on the lender. Are you still paying the insurance on it? That's the part that stinks. Otherwise you could use it for potted plants in your driveway.

[woeisme]

if it is only worth a couple hundred and they'd have to tow it, I'm guessing the vehicle is inoperable, so who would want a junker sitting on their lawn forever. I'd ask your lawyer to contact them again telling them that they either need to 1) pick the vehicle up or you will start charging them "storage" fees or 2)release the title to you so that you can dispose of the vehicle. (call a scrap yard, they might come tow it for free and give you a little $ for the metal. that's what we did with our junker, they gave us $100 and towed the car away for us.)

[justbroke]

You, through your lawyer, need to demand they file a satisfaction of lien and give you title to the vehicle. If they refuse to do that, you reopen your case and file a complaint. There is caselaw on this topic (see below).

They cannot hold the title, not take the car back, and then say if you want the title, you have to give them money. So, you need to ask them for the title. If they refuse, then you proceed from there via the Bankruptcy Court to find them in contempt of the Discharge Injunction.

Notes:

1. Pratt v. General Motors Acceptance Corporation, 462 F.3d 14 (1st Circuit), finding that a creditor may "not use objectively coercive tactics". Further finding that "[a]lthough the fact that the Pratts (and not GMAC) initiated all the inquiries about releasing the lien might preclude a finding that GMAC "harassed" the Pratts, that does not foreclose the possibility that GMAC's refusal was objectively and improperly "coercive" in the circumstances."

[sassiebaz]

justbroke....is this going to cost me more "lawyer" money? I spoke with the paralegal and lawyer(in the background) yesterday and they were like, "well, uh we don't know". The vehicle needs a new engine. Yes, it inoperable. But, if we could fix it over time and get it running again, we'd keep it. But not without a title, and not without the CU agreeing not to come after us for it...so dang confusing!

[sassiebaz]

I would ask my attorney if they could basically give the title to you (isn't that what they're saying anyway) and then you could junk it (is it really a junker?). Seems odd, isn't this the car they were desperate to repossess a few months ago. I don't get it. I had zero problem surrendering my van back to Chase Auto. Guess it depends on the lender. Are you still paying the insurance on it? That's the part that stinks. Otherwise you could use it for potted plants in your driveway.

No, this is the "other" vehicle. We just surrendered the SUV to a local dealership. Did that on Monday....

[justbroke]

justbroke....is this going to cost me more "lawyer" money? I spoke with the paralegal and lawyer(in the background) yesterday and they were like, "well, uh we don't know". The vehicle needs a new engine. Yes, it inoperable. But, if we could fix it over time and get it running again, we'd keep it. But not without a title, and not without the CU agreeing not to come after us for it...so dang confusing!

Well, the first thing you need to do is ask them to release the title. If they get nasty about it, you'll need your lawyer to do what needs to be done. Maybe after you first asking for the title, then ask your lawyer if they can send a letter as well -- soft negotiation. If they won't release the title and try to pressure you to "pay" for the title, then you can decide whether you want to go the next step.

[sassiebaz]

Ok, so I am gonna use my AAA tow service and tow the vehicle to my local CU branch and let them deal with it! I think it's not even 2 miles from my home....I wanna be done with this car!!! Oh yeah, by the way, the "city" came by today and asked me to have this vehicle removed from our property. Said we had too many vehicles parked in front of our house....WTF...apparently one of my dumba$$ neighbors complained!

[justbroke]

When you're down... that's when they start kicking you. Sorry to hear that Sassy!

[optimistic1]

Ok, so I am gonna use my AAA tow service and tow the vehicle to my local CU branch and let them deal with it! I think it's not even 2 miles from my home....I wanna be done with this car!!! Oh yeah, by the way, the "city" came by today and asked me to have this vehicle removed from our property. Said we had too many vehicles parked in front of our house....WTF...apparently one of my dumba$$ neighbors complained!

Sassie, do you have any of the vehicles parked in the grass or dirt? If you do, that is why the city came, because typically that is what is against city code. You are well within your rights to have multiple vehicles on your property, but they must be parked on area designed for a car, like a carport or driveway.

If your tags and plates are current, then you are well within your rights to park it on the street, unless you live in a HOA where it isnt permitted.

What city do you live in? I can look up the code.

[livnlow]

Why do you have a loan on a car that is only worth a couple hundred dollars and doesn't run?

[Ifonly]

Why do you have a loan on a car that is only worth a couple hundred dollars and doesn't run?

Is that question relevant at this point? I think it only serves to make the OP feel bad.

[livnlow]

Is that question relevant at this point? I think it only serves to make the OP feel bad.

So sensitive. Sorry.

[sassiebaz]

Sorry, Ive been outta town, but the car is still sitting in my driveway. Let me clarify, partially on my driveway, and partially int he rocks. Yes, Im sure that is why the city had an issue. To answer a question: The vehicle was purchased in great shape about 4 years ago, we only owe about $2k and it broke down in dec. It was going to cost about $2500 to fix it. We just didnt think it was worth that and then us still owing on it. So, we included it in our ch13. We owe nothing to our creditors. My last conversation with my lawyers was "Phone calls are now going to be billed at $35 an hour" basically telling me to drop the issue, they cant do anything for me. I wish I could find a way to keep it, but to fix it up would just be dumb. It has close to 150k miles on it. So, Im calling my AAA to have it towed this weekend. Do you all think this is best?