car repo - toyota

[debtmonster]

Can they arrest me at some point after executing a writ?

They can sit at a distance all they want. It's easy to spot them here. As I have stated like 10 times on various posts, I live in the sticks. There's almost no traffic on the road. I can see any car following me SUPER easy.

If the repo man wants to follow me for 30 miles to my destination, then he can have it.

I doubt they would go through all that trouble for me. They only make about $200 bucks on a repo. Every time they have to drive to my house, that's nearly a 60 mile drive from their place round-trip. Every time they come to my house and I'm not there, they end up wasting a lot of expensive diesel fuel.

Can't the repo man just go back to the lender and say that he can't find the vehicle and simply give up?

I want to know what the worst case scenario is.

How long does it take the coourt to issue that writ of replevin?

My only worry is getting arrested. We'll have no money to get out of jail. Or do they even keep you in the jail? Do they just bring you to the station and tell you to give them the car and that's that?

I need to go to the doctor and get anxiety pills now.

[DebtEnder]

Arrest would only be involved if you still failed to produce the car or otherwise hindered the officer of the court I would think. Contempt of court and all that. It's just like getting served a judgment in civil court and not producing financial info when required. Getting a judgment in civil court does not get you in jail, ignoring the court after judgment can lead to all sorts of things however.

Again, lawyer, I just read case law, but I'm no lawyer

[floridian]

you cant be arrested for civil violations....the statute in larceny states that you have to intend to permanently deprive the owner of the property... the state attorney would have to review that..

you will probably be served with a replevin in time... it cost them 250 to obtain the writ in florida... they just changed the proceedure....you will have to appear before a judge and answer why you dont give back the property.... then, he can issue the writ... then you can be arrested if you are in contempt of court..

[floridian]

btw, when the judge issues the replevin, he can issue a "break order"... it authorizes the deputy to break the lock on your garage if necessary...they have to have a witness that the car is in there first...

[debtmonster]

btw, when the judge issues the replevin, he can issue a "break order"... it authorizes the deputy to break the lock on your garage if necessary...they have to have a witness that the car is in there first...

Cool. That's not gonna happen because we will be in a totally different county. They will be chasing a wild goose.

I just don't want to have any arrest warrant out for me. I have $30 in my checking account right now. I in no way, shape or form able to pay to get out of any jail.

So they will have to serve me for that writ, right?

[DebtEnder]

Well what floridian said it sounds like you have to go to court to even be issued a writ. Not showing up would be contempt however.

[debtmonster]

Well what floridian said it sounds like you have to go to court to even be issued a writ. Not showing up would be contempt however.

But if I am out of town, how could I even know about the writ? Don't you have to be served to get the writ first?

If I am 350 miles away from the residence of where they are trying to repo the vehicle, why would I be in contempt of something that I don't have control over?

[DebtEnder]

The writ is the likely outcome of the hearing, you would have notice of a hearing first I would assume. TALK TO AN ATTORNEY. I think you've gotten all the info we can hope to give you on this.

[debtmonster]

I spoke with my BK attorney. They were of little help.

I am actually thinking of asking for my money back and file in South Florida. I called the attorney I want to use in South Florida and they say that I need to reside down there for 5 months before I can file. It's also $1,000 cheaper to use them. $2500 vs. $3500 that I paid up here.

Maybe I could just buy a used car for cash and not file. Forget this whole mess. It's such a hassle to file. I'll just buy cars and put them in other people's names so that I have no equity and will be judgment-proof.

[pookieny]

I spoke with my BK attorney. They were of little help.

I am actually thinking of asking for my money back and file in South Florida. I called the attorney I want to use in South Florida and they say that I need to reside down there for 5 months before I can file. It's also $1,000 cheaper to use them. $2500 vs. $3500 that I paid up here.

Maybe I could just buy a used car for cash and not file. Forget this whole mess. It's such a hassle to file. I'll just buy cars and put them in other people's names so that I have no equity and will be judgment-proof.

I would think to be judgement proof you would not have a job/bank accounts/house for them to attach a lien or garnishment.

[debtmonster]

I would think to be judgement proof you would not have a job/bank accounts/house for them to attach a lien or garnishment.

If that was true, they would have done that to me over and over since 1992 and they never did.

[jeb]

I'll just buy cars and put them in other people's names so that I have no equity and will be judgment-proof.

Wow, talk about putting someone else in the hot seat if you are involved in an accident or something. I wouldn't even think of doing that to a friend. - jb

[debtmonster]

Wow, talk about putting someone else in the hot seat if you are involved in an accident or something. I wouldn't even think of doing that to a friend. - jb

The way around that is... don't get into accidents. Just pay attention. As long as it's the other person's fault, you're A-Okay.

If I put a car in my name that is paid in full without going BK, then a CA can put a lien on it and snatch the car.

Otherwise I will have to find a way to get a friend to put the lien on the car. How do you do that?

[pookieny]

My niece's Ford Focus sat in my driveway for almost a year, before they came and got it. It was not being hidden either and she kept calling to aske when they would get it. Finally repo guy set up an actual appointment when I would be home and he came and towed it.

All very civil.

[debtmonster]

My niece's Ford Focus sat in my driveway for almost a year, before they came and got it. It was not being hidden either and she kept calling to aske when they would get it. Finally repo guy set up an actual appointment when I would be home and he came and towed it.

All very civil.

Lucky them. SunTrust bank wants my SUV right now. Right around the 90 day mark, the repo man was here looking for it, but like I said, I was out of town when he was here... and we're going to be out of town again after I get some money in my account to pay for gas and food while I start bringing boxes to storage 350 miles away from here.

After I am all done with everything, they can come and get it. My wife can drive our sedan back while I drive the large moving truck. There's no other person to drive the BMW, so they are making it easier for me by taking it.