How can the repo man find your car
Despite a strong economy, economists are warning that Americans are struggling. Although a car loan is the first payment people make because a vehicle is critical to getting to work, when car loan delinquencies rise, it is a sign that many American are under duress. These terms are stated in the loan agreement, or Retail Installment Sales Contract , that is signed at the time of purchase. Even if a borrower anticipates a repossession may occur, it never happens at a good time. Prepare yourself.SEE VIDEO BY TOPIC: How To Keep Your Car From The Repoman!!!
SEE VIDEO BY TOPIC: License plate readers in use by repo agentsContent:
- Repo Men Tracking Your Car
- How Long Will a Repo Man Look for a Car?
- Vehicle Repossession
- Stay One Step Ahead of the Repo Man
- How Repo Trucks Work
- 5 Things a Repo Man CANNOT Do
- Repossessions: Know What to Expect – Before, During and After
- Massachusetts Repossession Laws
- How Motor Vehicles Are Repossessed
Repo Men Tracking Your Car
We are lawyers. You might think that you cannot afford our help. However, if one of the following situations applies to you, we may be able to take your case on a contingency basis:. The answer to this question is almost always yes, but for many it may not be practical or a smart financial decision to do so.
Your lender is only required to hold your vehicle for 21 days before reselling it. After that point, nothing can be done to get it back, so if you want your vehicle back, you need to act quickly. In a Chapter 13 bankruptcy, you propose a repayment plan that lets you get your car back, provided that you repay the past-due amounts and continue to make your normal payments in a timely fashion. In certain circumstances, it makes sense to file a Chapter 13 to get your car back, but it may also be a better idea to let the vehicle go.
If a repo agent enters onto your property without obtaining your permission when they enter, that is unlawful. Massachusetts has a special law on this topic. A repossession company needs to get your permission at the same time they come onto the property that you own or rent.
This includes a driveway or open and, of course, closed garage. However, there has never been a case in Massachusetts deciding exactly what this special law means. Do they have to call ahead of time? Can they come onto your driveway, knock on your door, and then get your permission? No court has decided. This is significant because most repos happen in the following way: the repo man comes on your property, tells you he is taking your car but that it will be much easier if you just give him the keys.
Sometimes the repo man will say that towing the car would damage it, cost more, cause a commotion, or that he will call the police if you refuse to hand over the keys. All of these threats are illegal because they all coerce your compliance, and if they are communicated over your objection, they also breach the peace. However, even when words and actions do not rise to the level of a breach of the peace, your lack of affirmative permission for the repo company to be on your property makes the repo illegal.
However, if you ultimately give up the keys, it makes for a stronger case if you gave them up because of specific threats. Otherwise, in some circumstances, this could be interpreted as permission from you for the repo man to be on your property. No repo company, here in Massachusetts or elsewhere, has the right to breach the peace in the course of a repossession. The reason for this is very ancient. The public peace belongs to society and its government formerly the king and no private person, including a repo agent, has the right to breach it.
A breach of the peace occurs when a repo agent uses force or threats of force against people or property. A repo agent also breaches the peace if he presses on with a repossession attempt after you object. The reason for this is that proceeding over an objection has the tendency to lead to violence. Despite this, this often exactly what happens: a repo attempt proceeds over a mild and confused objection. The devil is in the details when it comes to whether this is a breach of the peace.
If a breach of the peace occurred you are entitled to an amount NOT LESS than the finance charge for the car loan plus 10 percent of the principal amount. This can be a large amount of money, so feel free to give us a call to discuss it if you think a repo man may have breached the peace in the course of repossessing your vehicle. If you are paying a high interest rate for a deeply-under-water car it often makes sense to just let the car go or, as an alternative if you really want it back, file a Chapter 13 bankruptcy, if certain limited circumstances apply to you.
If you would like to let your car go, but it has not yet been repossessed, you may turn your car back to the lender through a voluntary repossession. Bring the car back, take off the plates those are yours , leave the keys with the lender, and take photographic evidence of the process for your records. You will still be held accountable for the deficiency balance due to in personam liability. In Massachusetts, the deficiency balance is determined by the amount of the loan, minus the current fair market value of the vehicle.
If you do not take action to re-obtain your vehicle within 21 days, your lender has the right to sell the vehicle. For many car loans, lenders must apply the fair market value of the vehicle to your loan account. However, many loan balances are larger and car lenders sue to collect these deficiency balances.
People typically either negotiate these debts or file Chapter 7 or 13 bankruptcy to get discharged from the debt. As discussed below, there are also some circumstances in which repossession notices are illegal and can defeat the debt.
We specialize in spotting these violations. This is a really key question. Ultimately, you must decide the best course of action to take, but here are some helpful suggestions for next steps to take:. Ask whether they will agree to reinstate your loan and, if not, what amount you need to pay to redeem the vehicle. Even if you are letting the vehicle go, you should still contact the lender to get info about picking up personal possessions and to make sure that your lender has your correct mailing address.
If your vehicle is repossessed or sold by your lender, they must send you certain notices. When you get these notices, we would like to see them. These notices may be the basis of a very valuable claim for money damages. We take appropriate cases involving repossession rights on a contingency fee basis. If you feel your rights have been violated or you would like us to review your notices at no charge contact us. Massachusetts Repossession Laws. Common Repo Questions Was I properly notified?
Can I get my car back? Should I keep my car or let it go? Can a repo agent come onto my property? What can I do now? Need Our Help? However, if one of the following situations applies to you, we may be able to take your case on a contingency basis: You received a notice in the mail after your car was repossessed.
Contact us to send us that notice, and we will review it for free to see if complies with the law. The repo agent breached the peace in the course of the repossession. You may make contact with us at no charge. Case Review. Confidential Message. Car Repossession Laws Massachusetts.
Often, repossession agents come unexpectedly, under the cover of darkness, and consumers wake up in the morning with a missing vehicle and no idea what to do. The good news is that you are not alone—thousands of Massachusetts residents before you have successfully weathered the storm. Below you can find answers to some of the most common repossession questions:. Was I properly notified? In the lifecycle of a repossession, there are certain times when your lender must send you a written notice:.
Notice of Default. However, if you have been behind on payments in the past, it is possible your lender no longer has to send you this notice before repossessing your vehicle. Post-Repossession Notice. Second, there is the notice that your lender must send after your repossession. It is a big deal if your post-repossession notice is incorrect or misleading, and we want to see any such notice you receive. Notice of Deficiency. Further, in Massachusetts, your lender must always credit you the fair market value of your vehicle.
Your lender must send you a notice of deficiency, explaining the deficiency balance you owe based on the fair market value of your vehicle. We want to see any post-repossession notices that you receive. Such notices can lead to valuable claims. You can get us your notices in a variety of ways. We will review them at no charge and respond to you. Email us a PDF to info mass-legal. If your notice is defective, you may be able to receive significant money damages.
There is also the notice after your car is sold at a private sale or public auction. The same as above applies to this notice: We would like to see it. If you do make the decision to get your car back, you can do so in three ways:.
If you have never had a repossession before, it is common for lenders to agree to let you reinstate your loan. A lender is not required to offer reinstatement and, especially if you have a history of missed payments, may not do so. However, if you cannot reinstate your loan, you still can take advantage of options 2 and 3 below. Even if your lender will not reinstate your loan, you always have the right to pay off the loan to get your vehicle back.
However, many people do not have the luxury of being able to do this, especially on short notice. Call your lender. Watch your mail. Contact an attorney. Ortiz, P. This site does not contain legal advice. Contact us if you would like to discuss obtaining legal advice.
How Long Will a Repo Man Look for a Car?
If you're even one day late on your car payment, your auto lender may have the right to repossess your vehicle and recoup its investment. If you try to outwit the repo man and hide your car, be forewarned. Repossession agents have a lot of ways to hunt you down.
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Due to the high cost of automobiles, most drivers take several years to pay off a car, truck or SUV. Financial problems are not uncommon, and a driver could easily face some unforeseen hardship during a car loan. If you find yourself in this kind of situation, your vehicle could be subject to auto repossession at the hands of a repo agent. Automobile repossession is an act where a lender reclaims a vehicle after a period of nonpayment from a debtor. For example, if you drive off a lot with a new vehicle under a four-year payment plan but fall behind on payments after 18 months, your car could be subject to a repossession. Auto repossession is authorized by lenders and carried out by repo agents, who are sent to reclaim defaulted-on vehicles. Simply put, auto repossession is a consequence of failing to make payments on a vehicle you have yet to pay off in full. Once you default on your loan payments, your lender can take action to reclaim the vehicle. Technically, a lender could initiate the car repossession process the day after you first default on a loan. Still, most lenders treat cases on a priority basis, going after second- and third-time defaulters first.
Stay One Step Ahead of the Repo Man
When creditors attempt to repossess your vehicle, there are rules they have to follow to protect you and keep the peace. A repo agent may claim you're breaking the law by trying to stop the repossession, and even threaten to have you arrested or sent to prison; but as long as you're not hurting anyone, these are empty threats. This is a civil matter, not a criminal one. You won't go to prison for not missing your car payments or for trying peacefully to stop the repossession. In some states, the repo agent can bring an officer or sheriff along for the repossession.
When consumers are delinquent with loan payments, especially for automobiles, they are subject to repossession. The damages from repossession extend well beyond just losing your car. Most consumers know that repossession means losing the collateral you put up to secure a loan, things like a car, home, land, or personal property.
How Repo Trucks Work
We are lawyers. You might think that you cannot afford our help. However, if one of the following situations applies to you, we may be able to take your case on a contingency basis:.
These rights are established by the contract you signed and the law of your state. Your creditor also may be able to sell your contract to a third party, called an assignee, who may have the same right to seize the car as the original creditor. Some states impose rules about how your creditor may repossess the vehicle and resell it to reduce or eliminate your debt. Creditors that violate any rules may lose other rights against you, or have to pay you damages. In many states, your creditor can seize your vehicle as soon as you default on your loan or lease. Your contract should state what constitutes a default, but failure to make a payment on time is a typical example.
5 Things a Repo Man CANNOT Do
Then again, some people are not surprised, as they knowingly dodge phone calls from banks and creditors in an effort to avoid making monthly payments. Of course, this behavior makes the task of finding and retrieving these vehicles that much more difficult. The repossession agent , usually known as a repo man, has the often difficult job of locating and recovering these vehicles. The simplest way is to do it quickly and without them even knowing you were there -- with the exception of the suddenly missing car. The key to a smooth repo job is using the proper equipment at the right time. Believe it or not, an experienced repo man or woman can approach the vehicle, hook the towing apparatus to the car and drive off in about 10 seconds -- all without ever leaving the truck's cab.
This will cost you more money down the road. So they are not going to be easy to avoid. This includes your property, even your driveway.
Repossessions: Know What to Expect – Before, During and After
Massachusetts Repossession Laws
How Motor Vehicles Are Repossessed