D C
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They can repo the truck if there is no breach of the peace (law here in Georgia).
However, if she files bankruptcy she may be able to get it back depending on the circumstances (her lawyer would know). If she lets the creditor keep the truck and continues with bankruptcy then she will not be liable for any debt remaining after the truck is sold because it will be unsecured debt and most likely eliminated in bankruptcy--unless she has other collateral on the loan with the truck. |
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evillyn
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If she hasn't paid for it, they sure can take it. It belongs to whoever financed it. |
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TC
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First of all if there are people there to re-possess her truck that means she has defaulted on her loan. The bank or finance company, the entity that actually paid for the truck, is entitled to re-possess it because she agreed to allow them to do so in the original finance contract. So, yes, they can definitely take her car. She has not yet filed for bankruptcy so the automatic stay is not in place. |
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zaza99
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Not until she goes before the judge, the judge will as about any loan loans that are colaterial based she has to then reaffrim or give up the vehicle but no one should be calling or trying to contact her after she files BK. It also makes a difference if she's file chapter13 or chapter7. But still her creditors shlouldn't be conatcting her tell your friend to call all creditors and give them her file# |
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defbizkit99
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Yes, they can. She hadn't filed for bankrupcty before it was repo'd.
Don't pay your truck payment, truck goes away. |
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fisherkingdave
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no they cant take her vehickle |
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lil_kitties2003
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they can if she has not paid for it but tell her to go to the lawyers and take the truck with her and they wont be able to find her so it will be fine. |
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blondieinlove
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I just wanted to make a comment about your TJMAXX experience. I am sorry you got treated badly and I know that when I go to work with someone no one gets treated badly. The TJMAXX in Kansas doesn't have mean people at all, so I am sorry for your bad experience.
They can legally take anything she owns. So yes they can take her car. Tell your friend good luck! |
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nelson_devon
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She could get a lawyer, but I sure would think they have a right to take it. And if she doesn't just give it to them they ahve a right to charge for what it costs to get it. People have to stop stealing from companies. |
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joelthemole
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make her sell it to you for really cheap and she can buy it back when thwe bankrupcay is over |
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heartlandcanuck
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It depends if the debt is secured of unsecured. Secured debt means something has been put up as collateral- like a house securing a mortgage or the car securing the car loan. The bank can take the house if the mortgage isn't paid; the bank can take the car if car payments aren't made.
Credit card debt is generally not secured. The company has no right to take a vehicle if it was not part of the original lender's agreement.
The lawyer will know for sure. |
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Kurt
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dont think so |
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bubbles26
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If she is going to refinance on the truck she needs to get to the loan office immediately or let her lawyer deal with that. In the meantime if she has a garage put it in there until she gets this straighten out. But yes it can be taken without her permission if she has not paid on it. |
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rogers_andrew
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Yes and no.
If she files bankrupcy as a Chapter 13, no. They have to file a plan to keep it and pay back the arrears. If she filed Chapter 7, they may be able to. Most banks will bring a reaffirmation agreement to the hearing. They will sit down and say to sign the agreement (which basically says you will still keep and pay for the car, like not even filing on it) or they will take it with them when they leave, which they can do..... |
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KathyS
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If she is not paying the bill it can be repossessed legally. |
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sweetie_baby
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If she has defaulted on her loan payments they can. But they don't have to have her permission, or her keys, they'll take it anyway. She shouldn't be afraid to leave, unless they are loading it up on a tow truck to haul it off, then she may want to avoid a confrontation. |
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