Please help!! my car was repo'd!!

[struggling]

My car lender hasn't filed a motion to lift the automatic stay, but they repo'd my car last night! Is this illegal? Will I be able to get back my car...and soon? The lender is Drive Financial. I'm freaking out right now, and waiting for my attorney to call me back.

If I don't get my car back in time for work tomorrow I'll lose my job! I'm so scared right now.......

[helpless]

Need more information. Have you already filed and how far behind are you on your auto? They can't legally take it if you have filed and they didn't get a stay from the judge. Let us know what your attorney says. Good luck

[struggling]

Yes I filed ch7 on Oct. 4th. My 341 is scheduled for Nov. 28th. My attorney called me back and said that he only got a voicemail in Drive's BK dept. and he left a message, but he checked and assured me that they never filed a motion to lift the automatic stay. I did plan on surrendering the car, but I haven't secured a new car yet. Also, because I planned on surrendering it, I stopped making payments once I filed BK.

Do I have any recourse since it appears they took it illegally?

[HHM]

Do you have legal recourse, yes...but to what end.

The legal recourse is that you would have your attorney file a motion in BK Court alleging a violation of the automatic stay.

But in the big picture...if you were behind on payments and planning on surrendering the car anyway, I am willing to bet that if the car company has decent lawyer, as part of their response to the motion would by a counter motion to lift the automatic stay. So, in that respect, I am not sure what would really be accomplished. You might get some money damages, and maybe get your car back for a couple days to a couple weeks.

[CindyLou]

Did you make sure that your car lender received notice of your BK.....I know its not required, but did you call to make sure they had noted your account??? Not that it will change anything, but I am wondering if they did it in spite of being notified by the court and by you??

[struggling]

I personally called the car lender the day I got my case # and gave it to them. And they are listed on my creditor's matrix. They sent my attorney a letter a few weeks ago stating that they are going to file a motion to lift the auto stay, but never did. When my attorney called them today they said they had every right to repo it (which by the way, it is now listed as a REPO on my credit report....shouldn't it be listed as IIB??), and there is no way I'm getting it back as it's being sent to auction tomorrow. My attorney assures me that they did not have the right to take it; however as HHM stated it would'nt be worth it to try to get it back now, since that would be a big hassle and the'd just get it back soon anyhow.

I tried to finance another car today so that I can get to work tomorrow, but with the active BK coupled with the repo listing on my credit report, I was declined. And now I'm too depressed to even cry over it anymore. I guess I'm SOL.

[lrprn]

...(which by the way, it is now listed as a REPO on my credit report....shouldn't it be listed as IIB??)

Yes, it should be IIB. Dispute this in writing first with the credit agencies by sending the letter registered return receipt to start a paper trail. If the agencies report it as verified with the lender, move on to the lender, Stay on paper - you need that to prove everything you've done if you end up having to force legal action to get your credit report corrected.

I tried to finance another car today so that I can get to work tomorrow, but with the active BK coupled with the repo listing on my credit report, I was declined. And now I'm too depressed to even cry over it anymore. I guess I'm SOL.

I'm so sorry that the lender jumped your stay leaving you overnight with no way to get to work

Before this happened, what were you planning to do for a car since you knew you were surrendering this one in your bk?

[struggling]

Yes, it should be IIB. Dispute this in writing first with the credit agencies by sending the letter registered return receipt to start a paper trail. If the agencies report it as verified with the lender, move on to the lender, Stay on paper - you need that to prove everything you've done if you end up having to force legal action to get your credit report corrected.

I'm so sorry that the lender jumped your stay leaving you overnight with no way to get to work

Before this happened, what were you planning to do for a car since you knew you were surrendering this one in your bk?

Thank you for that information. Do I have to send the credit agencies a copy of my BK when I dispute? And if so, what actually do I send? Sorry...this is all new to me!

[struggling]

Before this happened, what were you planning to do for a car since you knew you were surrendering this one in your bk?

Well, my attorney told me that once they file for an automatic stay I'd still have about a month before it's actually lifted (not sure if this is so true anymore). I am getting a decent holiday bonus from my job and I was planning on using that to buy a used car. So since they never filed a motion, I thought I would have time to get my bonus and buy a car before they took the one I had. Boy, was I wrong.

[PaKettle]

HHM says you might get some money back and your car back for a couple weeks, so I'd go for it. Also, I am inclined to not let jerks get away with violating the law like that, so I hope you fight them on this if you can!

[HHM]

If there really was a violation of the automatic, as a matter of principal, I think your attorney should file the Motion.

[rrockinggramma]

I had a car with Drive Financial, that my ex husband let go back. They never filed a claim in our chapter 13. But they are not fun to work with. They are however, a lender of last resort. So I think you will really run into problems with the sub prime lenders like roadloans etc. If you belong to a credit union, go talk to them, or have your attorney contact 722 redemption. They will finance while in a chapter 7. Interest will be high but if you were with Drive, you were paying close to 22 percent anyway.

[songbird81]

I've heard terrible things about Drive Financial. I'm sorry they did this to you. Like rrockingramma said, try 722 redemption. Fresh Start Loans is another place that works with you in BK.

[genseeker]

OP, hubby & I had the same thing happen. Our lender took the truck w/o lifting the stay and after we knew they were notified of the filing. I even put a note inside the truck, on the dashboard, stating "Bankruptcy filed xx/xx/xxxx, case #xxxxxxx". We even told the trustee at our 341 that the lender already took the truck. He looked through the paperwork and commented they did not file to lift the stay. Our lender has already sold the truck. And now they are sending us letters trying to collect the balance after the sale. I am merely filing the letters away for now. If they do not list the truck as IIB, then I will be going after them for illegal repo, credit reporting violations, and trying to collect on a discharged debt.