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    #31
    I am just curious..If debtor does not return the car, and the repo man can
    not seem to get the vehicle...can the bank report the car as stolen? After
    all, the vehicle belongs to the bank, not the debtor...

    Vehicle reported stolen by the bank:

    I bet that would make a mess for the debtor...

    Comment


      #32
      Originally posted by dscurlock View Post
      I am just curious..If debtor does not return the car, and the repo man can
      not seem to get the vehicle...can the bank report the car as stolen? After
      all, the vehicle belongs to the bank, not the debtor...

      Vehicle reported stolen by the bank:

      I bet that would make a mess for the debtor...
      No the vehicle cannot be reported stolen. The bank may own it, but must follow the law in its attempt to get the vehicle back. Now the bank wants to get it back easy by hiring a repo agent. The person in possession of the vehicle must follow the law but that does not include giving it back immediately under any circumstance.

      Comment


        #33
        Originally posted by GotNoMoney View Post
        Go look up the word Replevin... I don't know why everyone thinks that you can not pay for the collateral or maintain insurance on it and then keep it without filing for BK protection for more than a couple months. Your playing a shell game that honestly the repo company doesn't care if they get it or not right now since they have so much business. But in the end you will lose. It will be the sheriff that knocks on your door next.

        But I read all these posts from people that have a "problem" with repo people when in fact the problem is you the borrower. You didn't make your payments or keep insurance and the legal owner has a legal right to take back the collateral....period (and how they do it is state dependent). Then people go on and on about how they are going to sue the repo people for everything under the sun and how they (the repo agency) will be scared and shaking in their boots at the idea of a jury trial.....LMAO....

        You want to be the debtor that stands in front of a jury that has kept the car for months on end without a payment and expect those people on a jury that pay for their cars to be sympathetic, your a moron. People secretly side on the side of the repo people since you are the "bad person", you are no worse than a criminal that is trying to steal something to most people. Ask anyone what will happen if you don't pay for your car and keep it and the answer is, you will go to jail... those of us that are educated about the process know this is not true (for the most part unless you disobey a court order to relinquish the collateral) but the average Joe, in their mind it is wrong and illegal to keep something you didn't pay for. Now lets have a jury trial about that bad repo man.

        So the op has a car that is wrecked and refuses to turn it back into the lender why? What is it your trying to prove? That your smarter than a repo person? Wow there is an accomplishment to be proud of.

        If you had turned the car back in when it was wrecked the lender would have had your insurance pay for the damage to the car. So if you collected the money from the car being wrecked and the lender knows it was insured expect them to file a claim against your insurance company. At that time the insurance company will show they paid the claim and then expect a call from your local insurance fraud investigator. Insurance fraud is taken very seriously. You no longer are able to collect the money for an accident and then not have the vehicle repaired and this is especially true if there is a legal owner.

        Also you can't BK out against fraud. So good luck.

        Ya, I owned a repo agency for 15 years, I might have an idea of what I am talking about. I have seen several people have large judgments that they can't BK against them to avoid jail time for insurance fraud. It is rather funny because they did exactly what you are doing.

        I would really like to know what your attempting to gain by playing a game you can't win? Especially with a car you can't even drive...LOLOLOLOL

        I am following everything my lawyer tells me to. That is why I hired him. And I have not made any insurance claims or received any insurance dollars.

        Comment


          #34
          Also, if you look at my previous posts, I actually called the repo man to meet up with me since he had to take pictures of the vehicle to send to the bank. I work 80 hours per week and do roller derby so I don't have a lot of free time. He skipped our appointment twice.

          Comment


            #35
            Originally posted by dscurlock View Post
            I am just curious..If debtor does not return the car, and the repo man can
            not seem to get the vehicle...can the bank report the car as stolen? After
            all, the vehicle belongs to the bank, not the debtor...

            Vehicle reported stolen by the bank:

            I bet that would make a mess for the debtor...
            No, when a person borrows money from a bank to buy a vehicle, the vehicle does NOT belong to the bank. It belongs to the debtor or borrower or whomever's name is on the title. The bank merely has a lien on the vehicle. It's a fine distinction, but it's an important one.
            Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

            Comment


              #36
              I am not being smug, my post was not addressing your particular situation. In many aspects it is like living in a house that your not making payments on and will be foreclosed upon, it give you place to live while you make other arrangements. In your case you used the time you bought to make your situation to your benefit. A lot of people can skirt off the repo-man while using the money saved to buy another car and get them back and forth to work.

              My post was addressed to someone "hiding" a wrecked car. There are not many if really any advantages to doing this. What people don't always know is that the lender is not obligated to repossess the vehicle. In the Po's case they wanted to hide to drag out the filing of a lawsuit. If the lender learned the vehicle had been totaled in a wreck, they don't have to repo the car they can move to just suing you for the whole loan balance. In most contracts a repo is just one remedy the lender has and they can skip that part if they want. Most don't but if it is wrecked then there is no value and they sue you and never release the title. Picture you car being stolen and you have no insurance, lender just sues for the balance owed.


              Originally posted by jlmaca View Post
              I'm a case in point playing the shell game. I've done it with a Chevy 1 Ton, a skid steer and now my car. I basically agree with most of what you have said here, as you are right, if you can't pay for for it, give it back, period. What's lacking in your diatribe is the personal circumstances of those people who would be harmed by giving these items back too soon. You know the law and push it to the extreme. My repo guys show up and demand the vehicle. You can't demand shit. So I call the cops and get your ass off my property. You want to intimidate and make your money fast. Well ok, everyone is entitled to make an honest living which I believe the repo guys do. But don't tell me I don't have the right to drag out the prosess to my benefit. I managed to sell the skid steer, keep 3 grand and pay it off. If repoed I'd by out of luck. I still have my car to take my wife to the hospital for treatment and am trying to get a loan to pay it off post chapter 7. The bank can sue me and I follow the law. Don't be so smug.

              Comment


                #37
                If i wrecked my car..id say come get it...its just taking up drive way space
                for the new car I surely would not hang onto a wrecked car.

                Comment


                  #38
                  I already bought the replacement car for cash and it is great. Also locked in my garage. My HOA doesn't allow cars out in the open overnight. Not "hiding" anything. But again, following my lawyer's advice.

                  Comment


                    #39
                    Well I certainly will agree to follow your attorney. Since I don't know all your specifics, but typically it is not worth the hassle of keeping it after it had been wrecked. Clearly your case is different and I am sure your attorney is working it all out.

                    Comment


                      #40
                      Our situation is a real mess. But we are trying to make the best of it. Hoping for file soon and have our nightmare end.

                      Comment


                        #41
                        Originally posted by GotNoMoney View Post
                        I am not being smug, my post was not addressing your particular situation. In many aspects it is like living in a house that your not making payments on and will be foreclosed upon, it give you place to live while you make other arrangements. In your case you used the time you bought to make your situation to your benefit. A lot of people can skirt off the repo-man while using the money saved to buy another car and get them back and forth to work.

                        My post was addressed to someone "hiding" a wrecked car. There are not many if really any advantages to doing this. What people don't always know is that the lender is not obligated to repossess the vehicle. In the Po's case they wanted to hide to drag out the filing of a lawsuit. If the lender learned the vehicle had been totaled in a wreck, they don't have to repo the car they can move to just suing you for the whole loan balance. In most contracts a repo is just one remedy the lender has and they can skip that part if they want. Most don't but if it is wrecked then there is no value and they sue you and never release the title. Picture you car being stolen and you have no insurance, lender just sues for the balance owed.
                        Sorry if I was a bit judgemental. You're right there is no sense in hiding a wrecked car. Ultimately the bank certainly has a legit right to its capital investment.

                        Comment


                          #42
                          Originally posted by GotNoMoney View Post
                          Go look up the word Replevin... I don't know why everyone thinks that you can not pay for the collateral or maintain insurance on it and then keep it without filing for BK protection for more than a couple months. Your playing a shell game that honestly the repo company doesn't care if they get it or not right now since they have so much business. But in the end you will lose. It will be the sheriff that knocks on your door next.

                          But I read all these posts from people that have a "problem" with repo people when in fact the problem is you the borrower. You didn't make your payments or keep insurance and the legal owner has a legal right to take back the collateral....period (and how they do it is state dependent). Then people go on and on about how they are going to sue the repo people for everything under the sun and how they (the repo agency) will be scared and shaking in their boots at the idea of a jury trial.....LMAO....

                          You want to be the debtor that stands in front of a jury that has kept the car for months on end without a payment and expect those people on a jury that pay for their cars to be sympathetic, your a moron. People secretly side on the side of the repo people since you are the "bad person", you are no worse than a criminal that is trying to steal something to most people. Ask anyone what will happen if you don't pay for your car and keep it and the answer is, you will go to jail... those of us that are educated about the process know this is not true (for the most part unless you disobey a court order to relinquish the collateral) but the average Joe, in their mind it is wrong and illegal to keep something you didn't pay for. Now lets have a jury trial about that bad repo man.

                          So the op has a car that is wrecked and refuses to turn it back into the lender why? What is it your trying to prove? That your smarter than a repo person? Wow there is an accomplishment to be proud of.

                          If you had turned the car back in when it was wrecked the lender would have had your insurance pay for the damage to the car. So if you collected the money from the car being wrecked and the lender knows it was insured expect them to file a claim against your insurance company. At that time the insurance company will show they paid the claim and then expect a call from your local insurance fraud investigator. Insurance fraud is taken very seriously. You no longer are able to collect the money for an accident and then not have the vehicle repaired and this is especially true if there is a legal owner.

                          Also you can't BK out against fraud. So good luck.

                          Ya, I owned a repo agency for 15 years, I might have an idea of what I am talking about. I have seen several people have large judgments that they can't BK against them to avoid jail time for insurance fraud. It is rather funny because they did exactly what you are doing.

                          I would really like to know what your attempting to gain by playing a game you can't win? Especially with a car you can't even drive...LOLOLOLOL
                          You're = You are

                          Not "your"


                          It should be "what is it you're trying to prove"


                          I see this so much, I just had to post this.





                          One of my cars was repossessed years ago, and so far they have not sued me for the deficiency balance. So, they don't always sue over it. Sometimes they let it go.

                          My friends told me to hide the car and keep it away from the creditors, but I didn't want the hassle from the repo guys (which are typically ex-cons by the way) nor from the sheriff or the police department. I just let it go.
                          The world's simplest C & D Letter:
                          "I demand that you cease and desist from any communication with me."
                          Notice that I never actually mention or acknowledge the debt in my letter.

                          Comment


                            #43
                            Originally posted by GoingDown View Post
                            You're = You are

                            Not "your"


                            It should be "what is it you're trying to prove"


                            I see this so much, I just had to post this.
                            My ex wife used to correct me and my english all the time. Ex wife.
                            Yep the pillage of the english language is irritating.

                            Comment


                              #44
                              When we consulted with lawyer in October/November he told us not to let anyone repo it due to the fact that my husband's unemployment income would prevent us from filing. We weren't sure when we would file. But if it did get repo-ed, and moved along the lines of paycheck garnishment (mine), we wouldn't be able to pay for our mortgage. The car isn't important at all but our home is.

                              Comment


                                #45
                                Originally posted by lookingforward View Post
                                Oh, and in Evangeline Parish, the sheriff showed up at my house with the repo papers and said he was taking it right then. It was not at my house,, was locked up in my husband's work warehouse. He followed us there and called a tow truck. He was not leaving without that vehicle. There was no other warning ahead of time.
                                Are you trying to say that if you had not been able to locate the car at that time, that he was going to leave with ... you in handcuffs?

                                Comment

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