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Car Repo Question

Date: Mon, 03/09/2009 - 15:12

Submitted by anonymous
on Mon, 03/09/2009 - 15:12

Posts: 202330 Credits: [Donate]

Total Replies: 7


I have a question. I was in a chapter 13, 5 year repayment plan. I made it all the way up to a little over 4 years, before I got laid off. Then, it was dismissed with about 4-6 payments remaining. Well, none of the creditors contacted me, but I started contacting everyone to find out my balances. My car finance company had a balance of $5000, which was interest that they were entitled to, since my BK wasn't completed. Well, I started paying because I wanted to repair my credit. Well, since then, I was laid off again, and now they're calling. The rude lady just asked me when I would pay, I told her I couldn't because I'm not working. She then asked me, "Where is the car?" My question is can they still take my car?


Hopefully so. It's confusing because I only found out about this balance when I started my credit repair. When I contacted them, I was totally confused. I asked why didn't they contact me for money or the car, and the guy told me that they couldn't take it because it's only interest and the car itself is paid for. So, I'm lost. It seems that the lady who just called was trying to scare me, because she never mentioned anything about repo, she just asked where is the car now? Then she said Thanks, and hung up!!


lrhall41

Submitted by on Mon, 03/09/2009 - 15:42

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did they ever release the lein on the car's title? If they did, then they cannot legally take the car no matter what. Once the lein release is processed, and the title shows no lein being on that car, then you own it free and clear.

if they did not release the lein on the title, then yes, they should still be able to repo the car. I would recommend that you check the repossession laws in your state as well as review the contract you have for this loan. Better to know the laws and be prepared in case they do try to do something. But whatever you do, dont relax just because someone told you that the car is paid for, and that this is only an interest balance.....as long as they have not released the title on the car they most likely can repo it.


lrhall41

Submitted by on Mon, 03/09/2009 - 16:02

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what state do you live in? i dont know a whole lot about bankruptcy but i would say since the bankruptcy wasnt completed then your account no longer falls under that bk rules. check to see if your loan has matured yet. also find out how many days past due it is. let me know and i will try to help


lrhall41

Submitted by bastoops on Mon, 03/09/2009 - 18:46

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the guy told me that they couldn't take it because it's only interest and the car itself is paid for

i dont think that guy knew what he was talking about. it doesnt matter if its late fees, intrest, or principle balance, if there is a balance on the loan then there is a balance. in wich case they still have the title and can repo it (depending on what state your in). thats why you should ask if the loan has matured. on every simple interest or pre comp loan you have a date when you are scheduled to make your last payment, if it has passed that date then your loan has expired. when it gets to that point and you still have a balance then generally its all intrest that has accrued.


lrhall41

Submitted by bastoops on Mon, 03/09/2009 - 18:52

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When a BK is dismissed, so is the stay of collecttion which would otherwise prevent them from repossessing the vehicle. If they still hold the title, they can repossess whether it is principle, interest, etc that makes up your balance.

I just want to make one correction to bastoops statement ... after the date of the last payment, the loan is not "expired", just that is is simply "matured." After maturity, most states allow the lender to continue charging interest on any unpaid balance.


lrhall41

Submitted by DebtCruncher on Mon, 03/09/2009 - 20:52

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