My car just got seized by the sheriff's dept

[lookingforward]

I never saw this one coming. The Sheriff's department came to my house this morning with papers from my car lender. They said they were there to take the vehicle, the papers said that they were to seize the vehicle and have it towed. I had no idea the sheriff's dept got involved in a repo. Well, it wasn't at my house, it was at my husband's office. So it's 7:30 am Saturday morning when the officer shows up. So we had to follow him to my husband's office. Then he called the tow company. We offered to drive it to the tow yard but he said that wasn't allowed. He was super nice and polite. I guess him getting there so early on Saturday was better than later, but still I was hoping the neighbors didn't see, which I know is stupid, I'm not ashamed of us, we didn't do this on purpose, we were never late on anything before September.

I was hoping for them to hold off until we filed, which is soon, and we could voluntarily surrender the vehicle, which I've heard isn't as bad as a repo.
We haven't paid the note since August. So five months behind before this happened, I guess that's pretty long.

The really bad part is my kids were asking what was going on. I'm at work now, but when I get home I'll have to explain. I don't know what to tell them. I know that they understand something financial is going on, because Christmas was a lot less than usual, and they haven't been getting things at the store like they used to. But they are aged between 11 and 16. What do I tell them? What if other kids in the neighborhood ask them why the sheriff's car showed up and we followed them out?

Then there is the fact that all seizures and sheriff sales are listed in our town's (very small town) newspaper. They list it in the legals, and everybody reads it. They'll say that they seized the vehicle, who we are, how much we owed, and then it will be auctioned off at the courthouse.

So anyway, thanks for reading. Any advice would be appreciated. I guess I knew it was coming, but I thought it wouldn't bother me, and now it does.
I'm not really bothered by what other people think, just my kids.

But I am so glad it wasn't at home! Having it towed out of the driveway would be the icing on the cake!!!

[Trixie007]

Sounds like you had a rough morning!

It also sounds like you are trying to shield your kids, which is commendable. We sort of went the other way, which may or may not be appropriate in your situation. Our kids are 15 & 18, and we have explained pretty clearly to them what happened, which has prompted some great conversations about the economy, the housing market, being careful with credit -they now know almost firsthand how bad things can get! We've also had a few conversations about setting boundaries with people outside our home, and what to say if this comes up.

This has been a great opportunity to talk to our kids about not judging people, having compassion & empathy, and showing grace to others when we think they are doing something wrong, but we don't know their situation! Some awesome teaching moments have come up through this whole mess. I think kids are smarter than we ever give them credit for, and it can be scarier for them to "know" something is going on without knowing exactly what it is! My DD (18) actually went to my appointment with the attorney with me, and she found it to be very interesting and really seems to get it! The kids have also seen DH and I grow closer together in the past year or so - which shows us all how important (and what a blessing) it is to take care of the ones you love when times are hard.

Another benefit - since they know our situation, they don't ask us to spend money to buy them things they don't need!

[broken64]

Same here, mine are 15 and 19 and they both know the struggle we have been under the past year. Yes our Christmas was EXTREMELY small but we are healthy and together and that is really what counts. My kids know about the economy situation, 19 year old in college and really understands. She has a dream to be a pharmacist in her second year of college and trying to hold on to that goal. My husband and I have been together 23 years and this situation has made us closer than we have ever been. So when the bk situation starts stressing me out I look at them and know everything will be ok as long as we stick together. Good luck and God Bless

[PoGirl]

We also talked to our oldest son about what was going on. I agree that is has ben an excellent teaching opportunity. And, he's been great at coming up with ideas to help us save. This entire experience, though difficult, has actually brought our family closer together.

[AngelinaCat]

I never saw this one coming. The Sheriff's department came to my house this morning with papers from my car lender. They said they were there to take the vehicle, the papers said that they were to seize the vehicle and have it towed. I had no idea the sheriff's dept got involved in a repo. Well, it wasn't at my house, it was at my husband's office. So it's 7:30 am Saturday morning when the officer shows up. So we had to follow him to my husband's office. Then he called the tow company. We offered to drive it to the tow yard but he said that wasn't allowed. He was super nice and polite. I guess him getting there so early on Saturday was better than later, but still I was hoping the neighbors didn't see, which I know is stupid, I'm not ashamed of us, we didn't do this on purpose, we were never late on anything before September.

I was hoping for them to hold off until we filed, which is soon, and we could voluntarily surrender the vehicle, which I've heard isn't as bad as a repo.
We haven't paid the note since August. So five months behind before this happened, I guess that's pretty long.

The really bad part is my kids were asking what was going on. I'm at work now, but when I get home I'll have to explain. I don't know what to tell them. I know that they understand something financial is going on, because Christmas was a lot less than usual, and they haven't been getting things at the store like they used to. But they are aged between 11 and 16. What do I tell them? What if other kids in the neighborhood ask them why the sheriff's car showed up and we followed them out?

Then there is the fact that all seizures and sheriff sales are listed in our town's (very small town) newspaper. They list it in the legals, and everybody reads it. They'll say that they seized the vehicle, who we are, how much we owed, and then it will be auctioned off at the courthouse.

So anyway, thanks for reading. Any advice would be appreciated. I guess I knew it was coming, but I thought it wouldn't bother me, and now it does.
I'm not really bothered by what other people think, just my kids.

But I am so glad it wasn't at home! Having it towed out of the driveway would be the icing on the cake!!!

You never saw this coming????? How is that possible????? The sheriff would never be able to seize your vehicle if you had not been taken to court by the lender and had a judgment entered against you.

You would have been notified of any papers going to court. You had a chance to contest or at least appear in court to contest. Typically you had 20 days to respond. Then you would have appeared in court and then been sent to arbitration or mediation. Each of these actions would have extended your situation by 20-30 days as each side had to have that much time to respond.

Also, you probably had a chance to voluntarily turn the machine in, for which you would still be legally obligated for the 'difference'.

But unless, I have missed something, it looks like you got an official looking paper in your mail box and either threw it away, or someone 'helping' you threw it away.

A sheriff deputy cannot just go and pick up your vehicle without a judgment being in place against you. Then the judgment holder has to file papers in court to exercise a 'writ of attachment' and other legal work to enable them to legally go and file paperwork with the sheriff to seize your vehicle.

Not knowing the back story of all this, I am at a loss as to how to advise you further. But I will say this: To those posters who think that getting a judgment is NOT a big deal; HERE IS AMPLE PROOF that shuch an opinion is foolhardy.

My Best~~~

[lookingforward]

You never saw this coming????? How is that possible????? The sheriff would never be able to seize your vehicle if you had not been taken to court by the lender and had a judgment entered against you.

You would have been notified of any papers going to court. You had a chance to contest or at least appear in court to contest. Typically you had 20 days to respond. Then you would have appeared in court and then been sent to arbitration or mediation. Each of these actions would have extended your situation by 20-30 days as each side had to have that much time to respond.

Also, you probably had a chance to voluntarily turn the machine in, for which you would still be legally obligated for the 'difference'.

But unless, I have missed something, it looks like you got an official looking paper in your mail box and either threw it away, or someone 'helping' you threw it away.

A sheriff deputy cannot just go and pick up your vehicle without a judgment being in place against you. Then the judgment holder has to file papers in court to exercise a 'writ of attachment' and other legal work to enable them to legally go and file paperwork with the sheriff to seize your vehicle.

Not knowing the back story of all this, I am at a loss as to how to advise you further. But I will say this: To those posters who think that getting a judgment is NOT a big deal; HERE IS AMPLE PROOF that shuch an opinion is foolhardy.

My Best~~~

Wow. Thanks, Angelinacat, for your condescending know-it-all post. However, I think I would know if I got served with a judgement, or as you put it "official looking papers". I'm not stupid. I got served with a Writ of Seizure and Sale. By the Sheriff officer. At the same time that he showed up to seize my vehicle. I got no other paper work at any time from the lender after the first few late notices. NONE. I was not notified of any court date. I was never given an opportunity to turn the vehicle in. I was not notified of any chance to contest.

I do live in Louisiana, and I know our court system is somewhat different than the other states, because we follow the Napoleonic code. Look it up.
I don't know if that affects this situation, if at all. You being so smart, though, maybe you already know.

Thanks alot for making me feel even worse. I didn't think that was possible, so at least you reminded me it can always get alot worse. You have a nice day now.

[lookingforward]

Trixie 007, broken64, and Pogirl, thanks for your kind remarks and advice. I also think that this situation has brought us closer. Maybe we're thinking about important things, such as each other, instead of spending money? We're definitely spending more time together at home than we ever have!

[dingdong]

Sorry to hear about your trouble.

Did you file BK yet? If you did , you may have some protection from the federal stay that is in place.

If not having your car is a severe hardship, which I know it would be for me and probably most people and you want to at least try and get your car back, it is probably time to do some serious research of your state's code regarding vehicle seizure and make sure the lender followed the correct procedure to seize the vehicle.

If they didn't, you may, and I emphasize MAY , have some recourse to get it back.

It will probably take a fair amount of effort, filing motions, knowing the law, etc, but you might have a chance.

Go online and research the law and see if you can find out if they followed the proper procedure to seize, including proper notice, proper service of summons, etc..

IF you are in BK and protected by the stay and the lender did not get relief from the bk court to take back the car, then I am almost certain they cannot take back the car without first getting permission from the court ( Motion for relief from stay)

I am not familiar with your state's laws, so my info may not be worth much, but it is probably worth your time to at least see if they followed the correct preocedure for seizure.

Good luck and again sorry for your loss. That sucks.

[lookingforward]

Thanks dingdong. It does suck. But it could have sucked worse!
My husband made a very bad joke this weekend.
"The bad news is, your car got repoed. The good news is, you saved a bunch of money on your car insurance!"

[catleg]

I would have left a tuna sandwich under the seat and rolled the windows up tight and told the sheriff to "haul it away boys"

[lookingforward]

I should have thought of the tuna sandwich!

Also, I just got off the phone with my attorney. They said that a writ of seizure and sale could be served and acted on WITHOUT a judgement being filed first. So that's cleared up.

[HHM]

Well, in some states, the Sheriff can act as the entity that actually executes a repo. And actually, there never really is much notice. Your notice is your notice of default that you receive after you miss a payment...the car is then fair game. Car repos are very streamlined; it is not like a foreclosure where there are various mandatory notices and timelines. For a car repo, once you get your first default notice, the repo guy can hypothetically be there the next day and take your car without further notice to you.

I don't the OP meant that she never saw the repo coming, after all, if you stop making the payments, it is inevitable. I don't think she expected it would be the Sheriff that actually came and got it. But the timeline is about right. You said you stopped paying in September, so you now have 3+ missed payments, which is about the time the car gets placed for repo.

[catleg]

I'd be curious whether the "very nice" officer was getting a commission on the repo, I don't think they do anything like that for free. Either the dept or the individual is getting a cut.

Very disappointed you told them where to find the car. If it were me I'd take it to the nearest airport and leave it in long term parking.

(If that was across state lines, so much the better)

[HHM]

I'd be curious whether the "very nice" officer was getting a commission on the repo, I don't think they do anything like that for free. Either the dept or the individual is getting a cut.

Very disappointed you told them where to find the car. If it were me I'd take it to the nearest airport and leave it in long term parking.

(If that was across state lines, so much the better)

Yes, Sheriffs are paid for the service. I don't think they receive a commission unless the car is actually sold at a "sherriffs auction". But the sheriff usually has a flat fee for such services.

As for the rest of the post; do NOT take the car across state lines and do not "intentionally" hide it. Big picture, what would you by accomplishing, your going to lose the car anyway, and what would be the point in hiding it so that you can't use it.

[lookingforward]

Not telling the sheriff's officer never entered my mind. I was totally intimidated by getting served with papers and being asked to hand over the vehicle by someone in a cop car with a gun and handcuffs on his belt, however nice and polite he was.

And for the last three months I've been too scared to drive the car anyway because I was afraid it would get picked up at work. We are blessed in that we had three vehicles, one was meant for my son.

And yes, the vehicle is scheduled for sheriff's auction on Feb 25th.

Question: What happens if when I file in the next couple of weeks, I want to keep the car (which I don't, this is hypothetical), and they have it up for auction?