Repo Man!!!

[Nitromike]

Ok, so i get a call from the repo man. I tell him i am currently filing Bankruptcy. He ask," Are you IN BANKRUPTCY or in the process of FILING".

I said i have an attorney and they are handling all of my creditor issues. (although, she is filing an emergency filing for me on Thursday coming). He says that he needs the attorney information to get a court ID number from them, otherwise he has orders to file with the local sherriffs dept for stolen vehicle, etc TODAY! I say well, even if you file today, it will take them a week to move, being that you 1-dont know where the car is, and it is not being driven . 2- they will have to use the same info you have to track us down. He then ask if we are filing chapter 7 or 13. I said dont matter, because even if the sherrif is activated, we are under court protection (bluffing, since we havent signed papers with attorney, not until thursday) He says, let me call the bank to see if they will allow time for your attorney to call them. Otherwise im filing!!

Where do we stand as to the LAW? If she processes our paperwork on thursday, and provided he has filed with the PD locally as to a stolen vehicle, what happens? who gets the car while this is happening? or can they touch it?

Todd this is in continuation of the post you replied to earlier. regarding 7 or 13?

[Dawn1970]

My non-professional advice would be to hide the vehicle and avoid the repo man entirely until you get your bankruptcy filed. The repo man is correct in saying that he has to have a court case number before the automatic stay goes into effect. However, I don't see where he can press charges for a stolen vehicle just because you haven't disclosed its whereabouts to him. How can it be 'stolen' when it still technically belongs to you? Maybe I'm wrong but that sounds like a scare tactic to me so that he can make his money. Repo men do make good money and don't care what they have to do to get it.

What about this- could you tell him a friend has borrowed the car to go out of town and you are not sure when you expect him to return with it? That way you are not outright refusing to give it up, just saying you CAN'T give it to the repo man because the friend hasn't returned it yet. If they ask where he was going in it, I'd just say "I did not ask because he is a good friend whom I trust to bring the vehicle back when he is through with it." Or hell, give him some fake address in God-knows-where and send him on a wild goose egg hunt! (I HATE repo men). It's not stolen if your 'friend' has your permission to borrow it! And it wouldn't be like you're lying under oath. It's just a repo man; he doesn't work for the court.

Try that until you can get your bankruptcy filed. Just might work! And let me know if it does!

[HRx]

Ok, so i get a call from the repo man. I tell him i am currently filing Bankruptcy. He ask," Are you IN BANKRUPTCY or in the process of FILING".

I said i have an attorney and they are handling all of my creditor issues. (although, she is filing an emergency filing for me on Thursday coming). He says that he needs the attorney information to get a court ID number from them, otherwise he has orders to file with the local sherriffs dept for stolen vehicle, etc TODAY! I say well, even if you file today, it will take them a week to move, being that you 1-dont know where the car is, and it is not being driven . 2- they will have to use the same info you have to track us down. He then ask if we are filing chapter 7 or 13. I said dont matter, because even if the sherrif is activated, we are under court protection (bluffing, since we havent signed papers with attorney, not until thursday) He says, let me call the bank to see if they will allow time for your attorney to call them. Otherwise im filing!!

Where do we stand as to the LAW? If she processes our paperwork on thursday, and provided he has filed with the PD locally as to a stolen vehicle, what happens? who gets the car while this is happening? or can they touch it?

Todd this is in continuation of the post you replied to earlier. regarding 7 or 13?

Hi,

The first thing you want to do ASAP is contact the lien holder and explain to them that you are filing BK and will be negotiating to retain the vehicle. As a sign of Good Faith, you could also wire them half of your car's monthly payment. Eventhough, banks are required to conform to legal collection practices, they will exercise all thier rights to repossesion thier car. If they can't locate the car for repo, they'll begin to assign investigaters to track you down to locate the car.

So my suggestion to you is to: immediately contact the lender, make a small payment and kindly request that they temporarily suspend repo action against you so that you can prepare to reaffirm the vehicle under your BK filing. Keep in mind, that the lien holder may not always agree to a reaffirmation of the vehicle.

Good Luck!

[Nitromike]

Todd, if they have had the investigator (repo guy) file with the sherriffs dept, as it being stolen, and NOW i have told them of my process. What can and probably will happen? I dont think they will reaffirm as it is behind to the point of being repoed. Im concerned with , when the police come a knockin lol

[Dawn1970]

I still say the sheriff's department thing sounds like a big scare tactic to me on behalf of the repo man. He thinks this will frighten you so badly that you will give up the car before your bankruptcy gets filed and he can make his money. This tactic has probably worked for him many times, unfortunately. I am so sorry you are having to go through this. If you are filing on Thursday, if your lawyer takes it straight to the court house you should get a case number in which case the automatic stay will be in effect. Just avoid the phone and the door and I bet you'll be fine until then!

If you do have to speak with the repo man (DON'T if you can avoid it) you can always try saying this:
"Look, I have filed bankruptcy and that places an AUTOMATIC STAY on any collections, which means YOU are the one breaking the law right now and you WILL BE subject to criminal and/or civil penalties, so you need to get lost!! And as for calling the sheriff's department, that sounds like a great idea. Bring 'em right on over 'cause I'm going to file a complaint about you harassing me."

Take some deep breaths! It will soon be okay.

[Dawn1970]

P.S. After Thursday once you get that automatic stay your creditors' meeting probably won't be for another 6 weeks or so. Maybe in that length of time you can bring the car payment up to date and then will be able to reaffirm it.

[Nitromike]

re:

sounds like a plan! lol

[HRx]

Todd, if they have had the investigator (repo guy) file with the sherriffs dept, as it being stolen, and NOW i have told them of my process. What can and probably will happen? I dont think they will reaffirm as it is behind to the point of being repoed. Im concerned with , when the police come a knockin lol

Once the Lien Holder is notified of your BK 7 and the automatic stay goes into effect, they will communicate this info to their Recover Unit, and all other parties involved. Once your BK7 petition has been dated/stamped by the Federal Court, make copies for youself. In the event that the police come knocking on your door, just hand them a copy - they'll just bid you good day.

Whether or not the lien holder will reaffirm the vehicle is difficult to predetermine. However, you're definatley going to want to make your payments current if you expect to the lien holder to agree to a reaffirmation. (this is primarily the case with secured debts)

Good Luck!

[Nitromike]

Thanks I appreciate the input!

[Nitromike]

Repo Man

Ok im back again... hee hee


I have been dragging my feet for 2 months.. back and forth between 13 or 7


Car is still hidden. However Now i still want to keep the car but go 7, i would have to catch up the car first unless someone know a better way.

If i have to go 13.. then i NOW can. Suggestions?


In order to really help me.. read my previous post.

[Dawn1970]

Hi NitroMike! Pleased to see you're still avoiding the repo man!! ;) I would imagine the car has to be reasonably caught up before they'll reaffirm. But good luck! I'm glad you've been making it frustrating for the repo man, good for you.

[david scurlock]

Taking Car..

Hi,

The first thing you want to do ASAP is contact the lien holder and explain to them that you are filing BK and will be negotiating to retain the vehicle. As a sign of Good Faith, you could also wire them half of your car's monthly payment. Eventhough, banks are required to conform to legal collection practices, they will exercise all thier rights to repossesion thier car. If they can't locate the car for repo, they'll begin to assign investigaters to track you down to locate the car.

So my suggestion to you is to: immediately contact the lender, make a small payment and kindly request that they temporarily suspend repo action against you so that you can prepare to reaffirm the vehicle under your BK filing. Keep in mind, that the lien holder may not always agree to a reaffirmation of the vehicle.

Good Luck!

So if I file BK, does that mean they are going to take
the car? even if you can not pay (for right now) would
they take a car from someone that didnt have a job?
or how does that work?

[HHM]

Yeah, reporting it as a stolen vehicle sounds like a scare tactic. I don't know what state you are in, but the Bank is technically only a lien holder, you are the owner so you have the right or possession. It sounds like in your state, that the lien holder has the option of using a Sherriff to execute writs of possession, but that is different than being a "stolen" vehicle.

Also, what is taking so long to Quick File, all you need is your personal info and a list of creditors.

Also, you technically don't get to choose between a chapter 7 or 13, it depends on your eligility. If you have regular income that exceeds your reasonably necessary living expenses (Schedules I and J), you can only file a chapter 13.

[david scurlock]

if a repo man reports the car stolen without any type of legal repo paperwork, then
i would assume you could go after the repo man for harrasment... because if he did have legal repo paperwork, then he could just get the police to follow him to your house with the repo orders, and if you did not turn over the car at that time, they probably could get you on violation of a repo order. they are not stupid, you know the repo man was after the car for some time now, and to tell them that you loaned it out ot someone knowing the repo man was just around the corner. This repo just did not happen overnight, it can take months before the car is actually repo'ed, trust me, they would rather have their payments then come get your vehicle., but if you attempt to hide or evade the car knowing the repo man has been cleared to get your car, I would say they have the right to report the car stolen, because of you refusing to turn the car in or hiding the car.