Vehicle Maintenance at Dealership?

[TurnThePage]

So I have not filed the Chapter 13 paperwork yet. Probably a silly question, but I was wondering if I could bring my financed car into the dealership for maintenance. My loan is through a different credit union, but would the dealership call the creditor to have it picked up / repossessed? I'm 6 months behind on payments.

[flashoflight]

No, I would not take the car to the dealership. Wait until you file the 13 and then do it.

If it is not warranty service, you are lighting money on fire by going to the dealership instead of an independent mechanic.

[TurnThePage]

It's standard maintenance / warranty service that costs $0. I just can't see Nissan calling out to Gesa Credit Union for a repossession -- technically Nissan already got paid -- it's the creditor that wants to recoup the loss. Just wondering how this whole process works Lol

[justbroke]

Nissan and the dealership have nothing to do with your loan with the credit union (CU). Now, if the CU has issued a repossession order to a contracted recovery company then all bets are off. Those repo men love to repossess vehicles that are at your place of employment, the shopping center, or other places where you would not expect.

If you're 6 months behind and they haven't issue a repo order, something strange is going on. Unless you're actively hiding the vehicle (locked garage, not "garaged" at the address on file, etc) then I don't know why it would take them that long to repossess.

[TurnThePage]

I did some research on the repossession process -- and because the creditor cannot "Breach the Peace," they cannot take the vehicle.

[justbroke]

I did some research on the repossession process -- and because the creditor cannot "Breach the Peace," they cannot take the vehicle.

That's not as simple as it sounds. Breach the peace means to break into a locked or private area. If you're hiding the vehicle, not in a public place, then they can't use any force or trespass. An automobile dealership's outer lots may be "public" just like a shopping center parking lot.

I'm surprised it's 6 months.

[TurnThePage]

Well yes, but the repo man has clearly given up here. Unless he's Mike Ehrmantraut from Breaking Bad / Better Call Saul, or he places a tracking device on my car or actively follows me, he's going to be unsuccessful.

I'm just wondering if the dealership will call out and have the vehicle repossessed if I schedule an appointment Lol I take a risk by placing the car with a third party.

[justbroke]

There's no way to tell. A smart repoman just follows you one day when you go to the store, or other public place, and takes the car while you're busy "shopping." A smart creditor should file a replevin action with the court to seek a court order. I just don't know how long you can do the dance. I was only trying to provide cautionary advice. Just because one repoman gave up, doesn't mean the repo action won't be reassigned to another recovery agency.

[flashoflight]

I did some research on the repossession process -- and because the creditor cannot "Breach the Peace," they cannot take the vehicle.

You are sadly mistaken as far as the dealership. You may get lucky once. But they will eventually get your car at the dealership if you keep taking it to the dealership prior to filing bankruptcy.

This is how it works: You go in for service. The dealership records the visit to databases accessed by Carfax and AutoCheck because buyers like seeing proof that the vehicle is being serviced. The lender gets an immediate alert that you took the car to xyz dealership. The lender calls the dealership to hold the car and the repoman to pick it up ASAP within the hour.

I know people who have hidden cars from the repo man for many years. None of them would take it to the dealership for this reason.

[TurnThePage]

Thanks everyone for the replies. I've held off bringing the car in for maintenance -- but now it looks like I will be filing my Ch. 13 shortly.