property seizure

I do not think that is possible if that vehicle has a lien already on it by the finance company that you purchased the vehicle from.

Someone with more knowledge than I will be coming along shortly but I really don't think that it is possible.

ladybug

Yes, you are absolutely correct. Only the auto loan company has the right to repossess the vehicle. Collector's job is to recover the amount because they are hired for collections. If they are unable to do so, they are required to send the file back to the original company who in turn takes the necessary actions, like repo. or taking the case to the court.

In order for a creditor to take your property without going through the court system, they would need to have a security interest in your chattel. A security interest is created through a security agreement, which is part of the original contract you signed.

Your contract with the auto finance company creates a security interest in their favor, which gives them rights to reposess the vehicle if you default on the contract. Nobody else, besides that creditor, can touch your vehicle.

It sounds as though a collector for another company (one of your other unsecured debts), is threatening to repo. If that is the case, it is a big no-no for them to make threats that they can't enforce.

However, if you have property that is free & clear of any liens (ie you paid off that car), another creditor can take you to court and get a judgment. To satisfy a judgment, they can sometimes file a motion to attach your property, in which the court would order you to surrender the property to the plaintiff. BUT most states have exemptions for your home and automobiles, and so it would be very hard for one of your unsecured creditors to actually accomplish this.

The man that came to the house flashed a badge and said he was a court officer. He said that he had a siezure order for personal property. This is the result of debt of my husband. He also said that he could sieze my property as a spouse of a debter. Does anyone know where I can find the laws that pertain to what may and may not be seised?

First check your stste law. I can't answer because all state's have differing laws on the matter. Generally though, DebtCruncher is quite right.

I'm pretty sure that any court order would need to specifically name what property they can seize, kind of like a search warrant.

As least in Illinois, the first step after a judgment would be a Citation for Discovery; in which the judgment-creditor would examine the debtors assets and financial affairs to determine what the debtor has available to satisfy the judgment. After the assets are known, then they file for attachment and a judge will allow or dis-allow those assets to be taken.

I don't think they can get a blanket order that lets them come take anything they want to. And unless you are in a community-prperty state, I don't think they can take your property to satisfy your husband's debt. You will need to check more closely with your own state laws, and probably in your best interest to get real advice from an attorney in your area.

I wrote a letter to a court collection officer who keeps showing up at our house on behalf of Capital One, telling him that under sec. 1692c I was requesting that he stop coming and that we have no assets that are legally collectable. He showed up at the house again and said that that law does not apply after there has been a judgment. Anyone know if this is true?
Also here in Michigan the term Collector does include court officers but I am not sure about the federal law. Anyone know?

Thank you

Guest, sounds fishy to me. I would take the document, if they gave you one when they came to your house, and take it to your police department and show it to them to see if it has any merits. And if they cant help, try the clerk at your court house.


thanks

they only had the original court judgement,which did not spell out anything specific

Still, it has to mean something, Im sure it has document numbers, letterheads, etc. Maybe you should click on the "free consultation" button that is to the right and up from this post for advise.

thank you

If they have a legally recorded judgment,then the court officer should show you a writ of execution or seizure signed by a judge before they are allowed to take anything.

I found the siezure order that Capital One was granted but it is dated Oct. 17, 2006. Upon reading this order it appears that they only had 90 days to enforce the order . Am I correct?

You would need to read your state rules of civil procedure regarding post judgment execution to confirm that.

If that's from last October, then in most states the writ of execution would have expired. But cajun is right. Check with your state law on the matter.

Can a two wheeler be seized for not paying the vehicle loan without giving notice.. any recent caselaw

If you are refering to a motorcycle then yeah it can be repoed.

Is the loan for the two-wheeler? If so, then they can repo their chattel if payments are not made.

Repos are generally governed by Article 9 of the UCC. The UCC of itself does not require any sort of notice prior to repossession. Some states create their own repo laws and may require notice or "right to cure". But it depends on which state you're in.

How about Tv's couches etc?

If the loan is for the purchase of said TVs, couches, etc - then yes, they can "repossess" that merchandise.

Being successful, however, would be a lot harder than repo-ing a car. After all, you would have to let them into your house to take it. (They cannot break-in to repo household goods).

But they could ultimately get a replevin order from the court, which would tell you to give the merchandise back. Then, if you didn't, it would be contempt of court.