Ch. 7 filed/Car repossessed/Stay violated?

[daedalus]

Also, USAA says that they instructed their repo middle man to release the vehicle, but the middle man is the one who requires us to sign the document. I really don't see how that's my problem.

[griswald]

Yeah who is working for who.. If ussa wanted it released I would sure think they could make it happen with one phone call..

[kenshirley]

I am betting that they will just state that all is well and return it to you at their cost of course.
And they will claim this was not a malicious action as they issued the contract for repo before they got the notice.
But they have inconvenienced you at a minimum. And they should have returned it right away when they had proof they screwed up.

[LuciluS]

I just thought of something. Try to make sure you are home when the vehicle is returned to you. Have a form with a title similar to; Return of Vehicle taken on _______ whatever date.

Vehicle returned on Date: ________________

Vehicle returned Time: ___________________

Signature of Person Retrieving Vehicle _____________________________

Printed Signature _______________________________________

Job Title of Signature ____________________________________


Haha! Doesn't hurt to try to get the person to sign the above. Might be helpful in the near future. Today I'm in a "W"itchy Mood LOL!

Luci

[StartingOver08]

Latest email from attorney says that I was right to not sign anything. Plans on filing a motion to show cause as to why they should not be held in contempt next week.

The latest word from USAA is that I can just sign the form and write on it anything I object to. Not going to happen. They say it is the standard form that their repo contractor uses. Of course, this is not a standard repo, this is an illegal repo in direct violation of the bankruptcy court. If they had just returned it today, no strings attached, I would not be pursuing this. They are making it worse on themselves and I hope the judge let's them have it. USAA acts as if their hands are tied - like they can't just return it without me signing something. Unbelievable!

Of course they are going to say this! I wish I had a $1 for everytime someone says to me "standard form"! They want you to sign this because they know they s***wed up and want something to mitigate their damages. I'm glad your attorney is taking this on - I hope you get the car back soon and they get sanctioned.

[SocalBroke]

Please keep us up to date as to what happens. I am real curious to see how this all plays out. I'm really glad you were in a position that you didn't have to sign the paper. Most people would probably need their transportation and sign away all their rights and they were probably counting on that.

[daedalus]

@ SocalBroke: I agree with you 100% on this. It bothers me that they probably get away with this everyday. The manager of the BK dept. at USAA had the nerve to tell me that all I had to do was call and let them know when BK was filed. I told her that was not my problem and also I could not use the excuse "I never got your bill" to avoid paying them. The nerve of these people!

[jcolorado]

I was glad to find this discussion

the same thing just happened to me, I have a truck financed through a local credit union here in Denver (I can email you the name privately), they most DEFINITELY violated the "stay" they were verbally told on voice mail the day I got my case number, then I was called and harassed the nest day, I was told they were "allowed" to continue to contact me until they were given the case number, when I informed the person I had left a voice mail for him the day before, he then proceeded to say that my cell phone was cracking in and out, I left the case number 3 TIMES througout the message, I told him to quit playing games. This morning I got and incoming call, no voice mail. Then today, my husband is leaving for work, as he opens our front door, there is a tow truck in our driveway, I call our attorney immediately and they tell me to tell him he is in violation, the repo man says "it's out of his hands and it's between my attorney and the bank." So later on I got my attorney on the phone, she said they are most DEFINITELY in violation of the "stay." I plan on taking action as well.

Our case was filed 11/18/09
Credit Union informed on 11/19 via vm
Credit Union again informed on 11/20
Credit Union reposessed vehicle on 12/11 (while stay in place)
**we would have been considered 90 days behind on payments on 11/27

I should also mention that we have another vehicle which is a lease through a larger corporation, I also called and left a voice with the case number for them and they have not violated the stay....