Now What???

[sassiebaz]

So, now that I canceled a payment with Chrysler for my SUV they have begun calling again. Yesterday I answered the phone and the rep on the other end asked if she could secure a payment since I am 3 days past due. I told her no, and that I didn't appreciate being lied to in order to get payments out of me. (they said if I got caught up I could refi the loan internally)She apologized and stated they NEVER refi the loans. I told her I will pay when I have the money and that they are welcome to do what the need to do ie come get the vehicle. Was that bad? Will it make them more apt to come get the vehicle? Also, she then stated she'd notate the account and turn it over to "high risk" because I have been past due so many times in the last 8 months. I said "great" and "have a good night". That is how our conversation ended. SO...Now are they going move quicker to repo? Should I have mentioned I will be retaining an attorney in the next few weeks? How should I handle this????

[eddiep]

I don't know what you should do but it does sound like you are painful step closer to regaining control of your life.

[BigJohn]

Is youe intentions not to keep the SUV?

[sassiebaz]

No, I do not want to keep it. However, I was hoping that they would not try to recover it for atleast 60 days. That would give me time to line up the dough for another vehicle....is it possible that would try to get it at even a week past due?

[BigJohn]

Have you been late on paying before?


As for repossessing the car, they could do it any time after you defaulted on the loan. Will they, that is another question.

Have you checked around to see how that particular bank has treated others in regards to this matter?

[sassiebaz]

Will it make any difference if I call them and act like I want to keep the vehicle, tell them I'm filing BK March 1st and plan to re-affirm the loan at that time? I really NEED to drive the vehicle another month or so......

[BigJohn]

Your plan might work. The stay really screws things up. I would let them know You filed, give them the case number and your lawyer's phone number.

We filed days before payments were due on both of our vehicles. I gave them the info and they left us alone. It has been about 7 weeks so far.

[BigJohn]

If you have a garage, parking the car in the garage would help. If there are any windows on the garage, I would cover them up and post a few "No Tresspassing" signs is a major deterrent. Were I live, some people call the police when somebody tresspasses and they tell the police "Home Invasion". That generally gets the police there in a few minutes.


If you drive the car to work, park in an area they might not look for the car, such as a block away.

[sassiebaz]

When money talks people listen... unless your going to make a payment they have no reason to not move forward on a repo. I mean you cancelled the payment you sent, have been later numerous times and then told them; "I told her I will pay when I have the money and that they are welcome to do what the need to do ie come get the vehicle."

So now really, what could you possibly tell them that would change anything short of paying the past due amount? Plus you have to be current on your vehicle when you file BK if you want to keep it. If your delinquent when you file they can ask for the stay to be set aside to repo it.

I am not trying to be mean or rude, but you set this into motion and now that its not convenient for you, you want them to give you the use of the car until you decide when you want to pay for it. What did you really expect to happen when you stopped that payment and then when they call you tell them to pound sand?

Look, the only thing working in your favor right now is that all the repo guys are really busy and I am sure Chrysler is all back-logged also. So it could be awhile until it actually gets picked up. But you won't know. It may be within the next few days or a month or more from now, you just have no way of knowing.

Bigboy....I totally get what you are saying. It's not that I changed my mind, but the conversation was so quick, I really wasn't sure how she took it. I didn't say "Come get the car" I said you have to do what you have to do, but I have been trying but I don't appreciate being lied to. She was nice, actually. She doesn't know I canceled the payment, becasue I actually just closed my bank account(again) after I found out they lied to me. I'm new to this whole "repo" thing! I really also like my SUV, just know we are still living beyond our means. I'm prepared to have them come get the vehicle. I do park it in the garage, and Security at my job won't allow repo men on the premisses(sp)so as far as that goes, I'm good! Question: What are my leagal obligations if they knock on my front door and ask for the keys? How do I handle this if and when they show up???? I'm NOT taking it to the dealership as my husband used to work there and his friends in management actually sold us the vehicle! (LOL)

[BigJohn]

I think you should talk once more with your lawyer. If you are going for a 13, you might want to keep the vehicle to offset paying the money to other creditors.

Are you still in your grace period?

[sassiebaz]

WIth our income, the attorney I met with said we most likely would just be paying trustee and lawyer fee. Roughly $100 a month! I cannot afford this vehicle whatsoever! What grace period are you referring to?

[BigJohn]

Grace period on the vehicle. For example due on the 10th, but have a 10 day grace period which means not late if paid before the 20th.

[sassiebaz]

You don't have any obligation to turn over the keys or even answer the door. You can call the police if you feel the need. Generally the repo guy will offer to let you get your personal items out of the car if you hand over the keys. Its a lot easier to get your stuff now than at some repo lot that could be 50-100 miles away.

I am not going to start giving advice on how to hide or what can be done to avoid repossession I don't think this is the right forum on that.

I will tell you what your legal rights are in most places. The repo man cannot: enter your garage, a fenced yard, move another vehicle to get to the repo or touch or harm you in any manner (example your at a stop light, they can't block you in or make you get out of the car) also they are not allowed to breach the peace. This mean that while trying to repo your car if you or someone else calls the police to complain the police will show up and most of the time make the repo people leave as this is considered a breach of the peace.

Now on the other hand if the police are called and the repo man clearly has the vehicle either on his tow truck or he is in the drivers seat and you are blocking him from leaving, most of the time the police will side with the repo man and make you move. In some places the police will make the repo man put or leave the vehicle if you try to stop or block them.

But a word of caution, blocking or attempting to stop the repo man can be construed as assault against him. You can also be arrested for assault depending on what you are doing, especially if you threaten him or have a weapon or object (baseball bat, hammer, etc) that can harm someone. Or worse yet, you end up getting hurt in some manner.

The stay doesn't buy you much if really any time, if your delinquent when you file the creditor can ask the trustee to have the stay lifted immediately. The only amount of time you get is between when you file and the creditor gets notice and before they file to lift the stay and its granted. Not only that but when you file you don't get to play hide-n-seek with the vehicle anymore. The trustee will tell you to turn it over if you try to play games and the creditor can complain to the trustee you are being uncooperative.

So once you file the whole game changes.

Wow! Thanks for the info. I wouldn't DREAM of doing any of these things....can you just see me and my 3 kids, one on my hip, standing in the street blocking the repo guy....LMAO!!!! Anyways, just wanted to know whats legal as I've never been through this beofre....thanks!!!

[sassiebaz]

Well they are still calling, so atleast they haven't sent someone out to get the vehicle. So for now I'm safe. I did tell them I would try and send a payment this week...is that wrong?