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Can debt collectors repossess my car in Canada?

Date: Mon, 02/05/2007 - 09:44

Submitted by anonymous
on Mon, 02/05/2007 - 09:44

Posts: 202330 Credits: [Donate]

Total Replies: 16


I have an auto loan in the U.S. Can repossession take place across the Canadian border?


Just a thought, why take tensions across the border and ruin your identity there. The laws in US and Canada are almost similar. The loan company will use their sources and do aggressive collections, because they will assume that you were intentionally avoiding the payments. They will not consider your problems because you didn't contact them in the first place. Call the loan company now and you may be able to arrange something good.


lrhall41

Submitted by Steg on Mon, 02/05/2007 - 11:42

( Posts: 390 | Credits: )


You are supposed to get permission from the lienholder anytime you bring mortgaged property into another country. I have had customers of mine, who were stopped by customs, and the border patrol would not let them cross until I faxed a release giving permission to take my security interest out of the country.

Since it appears you have already made it across the border without incident, the answer is YES - they can pick up the car in a different country. And it is usually legal for them to charge travel/mileage for the actual costs incurred in repossessing the chattel.


lrhall41

Submitted by DebtCruncher on Mon, 02/05/2007 - 17:49

( Posts: 2293 | Credits: )


If you still have the financing contract, read the fine print on the back side. First it tells you that you need to keep insurance on the vehicle at all times while it is being financed. Second, it says something to the effect of "Buyer shall not sell, lease, encumber or place said motor vehicle in any other person's possession or remove it from the United States without written consent of the holder of this contract." To take the vehicle out of the country could be considered as concealing the property from the lienholder.

As a finance company, state law backs us on this one:
[quote]CRIMINAL OFFENSES
(720 ILCS 240/) Conditional Sales Protection Act.
(720 ILCS 240/0.01) (from Ch. 121 1/2, par. 157.40)
Sec. 0.01. Short title. This Act may be cited as the Conditional Sales Protection Act.
(Source: P.A. 86????????1324.)

(720 ILCS 240/1) (from Ch. 121 1/2, par. 157.41)
Sec. 1. Any person purchasing personal property under a conditional sales contract who, during the existence of such conditional sales contract and before the conditions thereof have been fulfilled, sells, transfers, conceals or in any manner disposes of such property, or causes or allows the same to be done without the written consent of the holder of title is guilty of a Class A misdemeanor.
(Source: P.A. 84????????551.)

[/quote]


lrhall41

Submitted by DebtCruncher on Mon, 02/05/2007 - 20:31

( Posts: 2293 | Credits: )


I WORK FOR A FINANCE COMPANY HERE IN THE U.S., WE RECENTLY REPOSSESSED A CAR IN CANADA. NOW, THE REPO COMPANY THAT REPOSSESSED THE CAR, IS TELLING US THAT THE CAR HAS TO STAY IN CANADA FOR 21 DAYS. THE PROBLEM HERE IS THAT THE REPO COMPANY IS CHARGING US STORAGE FEES FOR THE 21 DAYS... MY QUESTION IS: DO THEY HAVE THE RIGHT TO DO THIS? DOES THE CAR REALLY HAS TO STAY THERE FOR 21 DAYS? HOW EXACTLY THIS PROCEDURE WORKS?
THANKKS!


lrhall41

Submitted by anonymous on Tue, 06/23/2009 - 10:58

( Posts: 202330 | Credits: )


i can tell you i do repossessions in canada for the us lenders and it is very simple all you need is correct paperwork, contact the local authorities if there is a problem they WILL ASSIST in the recovery of a default loan...vbringing the unit back across the border is very simple! and the fees that will be addded to your loan are very substancial!!!!! best to vol surrender it in the US...i am getting ready to go get a few as we speak!


lrhall41

Submitted by anonymous on Tue, 03/23/2010 - 13:10

( Posts: 202330 | Credits: )