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Additional Details
wow some ... |
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Additional Details
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luvpudin | What does "going legal" mean when you haven't been able to make a payment on a lease? |
I'm 4 months behind on my GMAC lease today (due to medical problems). I called them today and they said if I don't give them at least 2 months payments, they will "go legal". I can only give them 1 payment right now but they said don't bother unless it's 2. Does anyone know what "going legal" means? Can they just come repo my car with out me knowing? What if I keep it locked up in a friends garage and they can't find it? |
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WhatAmI?
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You are about to go into default and the car can be repossessed. You are being warned about the upcoming repossession process.
You have been forewarned. You will be aware because you now know it is coming.
And DO NOT HIDE THE CAR! That will only cause you more trouble. The car could be declare STOLEN and both you and your friend could be arrested for auto theft. |
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Soldier
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Get an attorney you are going to be sued. |
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Andy C
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Going legal means they are going to send the debt to their legal department and begin the process to sue you. Unless you have insurance that covers your debts when you are unable to work due to medical problems, the reason that you haven't paid is irrelevant.
At this point, you should try very hard to get those two payments together to catch up on your lease. That will give you more time to work with GMAC and get caught up, although if you don't have any prospects for continuing to pay your lease you might be better off saving those payments to hire a lawyer and start bankrupcy proceedings.
At this point, if they decide to reposess the car they aren't taking YOUR car - they are taking THEIR car back from you. They don't need any permission from you once the repossession order is given, and they will come and take it from your house, your job, or wherever else they may find it with a tow truck.
If a friend is hiding the vehicle for you, they might be charged with various crimes related to hiding a vehicle from being reposessed or Grand Theft Auto. Also, if that person is someone you have ever used as a credit reference, emergency contact, etc (not just for this car) the repo man will probably check their house.
Once they find and reposess the car, you will be responsible for any remaining balance on your debt plus the cost of reposessing your car. Legally, a debtor can garnish your paycheck, take your tax returns, etc and still continue to charge interest until your debts are paid in full. |
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★ La Dolly Vita ★
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they will be taking you to court in order to get the payments. also you might want to check the terms of your lease and what it says about missed payments, it may say if you miss too many then you forfeit your right to keep the car as you haven't stuck to the agreement... then they have every right to come and take it as it will legally be their property and if you try to hide it you could find yourself in big legal trouble that will cost you more in the long run. |
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Spock (rhp)
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the answers to lease questions are slightly different in different states -- google will find what's legal in your state.
***
"going legal" means they'll turn the lease over to their lawyers. That means the lawyers will ask for a repo order and sue for both possession and payment.
with a repo order, the repo man can legally follow you around until he sees the car and then he can seize it anywhere. since he'll use or call a tow truck, he won't need the keys.
***
lesson: do not buy or lease new cars -- they cost too much. if you'd gotten a four year old same model car your monthly insurance would be so much less, and the payment so much less, that you'd not be four months behind. |
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Nikki
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You will be sued. They will take your car, that's why it's called repo. They come at any hour and any day. If you don't have 2 payments, watch out because they will repossess it. Sorry. Also if you hide it at a friends house, what is that going to prove honestly? They will find it eventually. Best of luck. |
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wcanoodle
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They can repo it easily if you haven't filed for bankrupcy. You might be able to delay the repo if you file for bankrupcy. But you might need money to get that started. Go to a lawyer that has free consultations for first visit. Even if they repo it, they might still sue you for the money you owe on it.
If they can't find the car to repo it, they might sue you or maybe arrest you for stealing it??? Go to a lawyer and look into bankrupcy. Try to get another cheaper car at a Volunteers of America or Salvation Army car auto auction meanwhile. |
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HVR2
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I have paid my car payments on time every month. Missed one month payment and got a note mailed out. Chrysler was going to have it repo if I did not make my one payment. I did call after recieveing that letter and made a payment arrangement. Until it was caught up, I had to deal with them calling me over and over again. If you hide the car you will be in lots of trouble. It is like stealing because it is not officially yours until it is paid in full. |
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THe Future Mrs. APC
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It means that they may be forced to sue you. They can repo your car whenever they want, I would however advise you to not lock it in a friend's garage.. That may cause you even worse problems with GMAC since you are leasing (and even if you had bought it and weren't making payments) the car does not belong to you and will be declared stolen if they are unable to repo it.
I also bought my car through GMAC and find them to be very willing to work with me if I am a few days late on a payment (which has only been once in the past two years)... But I think 4 months is pushing it. |
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onefinalnotice
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If you are 4 months behind your car is already out for repo!!! The answer to if they can just come get your car or not depends on what state you are in. Most states are "self help" where the bank can just come and get your car If you are not in a "self help" state the bank will be forced by law to "go legal" which means they will file for a writ of replevin. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal’s custody or that of another designated official, under order and supervision of the court, until the court determines otherwise. This type of writ is commonly used to take property from an individual wrongfully in possession of it and return it to its rightful owner. Do not hide the car it is not wise if you can not pay tell them to come get the unit and start over. If you chose to hide the vehicle in your friends garage and they are not on the loan in most states this is considered "Third Party Felony Possession" and your friend could face criminal charges if the vehicle is found their and they do not give the unit up. Help your self let the car go and start over! |
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