so she woke up this morn and her car was gone. it was repo'ed . a 600 dollar check bounced that she had but they released the title to her and its in her name. is it legal for them to repo it when she has the title in her name?
2006-09-15 06:16:56 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Yes they did have the right to repo that unit. They were never paid for it. The finance company was issued a worthless check, therefore, she not only did not pay the unit off but she committed a crime as well. Depending on how far they want to push the issue she actually committed several crimes.
1) Felony, Issuing a worthless check in excess of 500.00
2) Felony, Theft by deception.
3) Felony, Intent to defraud in an amount exceeding 250.00
There will also be a repo fee attached to that now as well. Depending on where you are on the company that picked it up this charge can well be over 400.00. That will not include the fee for the bad check, storage on the unit and the Administration fee to clean the unit out and reclaim her property. That will run her 50.00 or more.
If they let your friend have the unit back they may make her pay the 600.00 plus the bad check fee, plus the repo. fee plus the storage fee, plus the Administration fee up front in certified funds. Were she certainly could not come up with 600.00 to cover that check, she will now need 2 times that or better to get the unit back.
I have seen stuff like this happen several times in the past and if she is REALLY lucky, they will not go to the DA for prosecution. However, depending again on who the finance company is, she may not get the unit back at all. They very funny about people writing bad checks to "pay" a unit off.
I repo'd a unit for a Nationwide Finance company where a guy wrote a bad check for 239.00 to pay the unit off and they had me pick the unit up and take it right to the Denver Auto Auction. I was later called into court as a witness. They prosecuted him for theft by deception. In other words he gave them a bad check to get the tittle into his name, therefore he stole the unit. Ya. Try to follow that one with the bouncing ball above the words. I thought I had seen it all. They grabbed a conviction on him over it. He got 120 days in the County lockup, 2 years probation, and during his probation he cannot have a bank account.
I sincerely hope your friend has better luck than that guy did.
2006-09-15 08:27:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If she used the car for collateral for something, or if there's a judgement against her awarding the car to a debtor, then yes, it's legal to repo the car. They won't be able to sell it without the proper documentation, but if they have it, they'll be able to get a repo title issued from the dmv.
2006-09-16 18:27:14 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
Most courts would probably rule against her in this case, citing the fact that it was an error to release the title since she did not properly satisfy the lien on her car.
She needs to make amends with the bank in order to fulfill her obligation instead of expecting a free ride, no pun intended.
2006-09-15 13:19:31 · answer #3 · answered by Stumpy 4 · 0⤊ 0⤋
The car was still subject to a finance agreement, the finance company technicaly could repo until the debt was paid. She needs a lawyer though.
2006-09-15 13:19:36 · answer #4 · answered by Latin Techie 7 · 0⤊ 0⤋
If there is a lien on that title then yes, the lienholder can repo the vehicle.
2006-09-15 13:19:57 · answer #5 · answered by Beth 4 · 0⤊ 0⤋
Gone By Dawn is right. Your friend is lucky she is not in jail, thats where she belongs after pulling a dumb stunt like that
2006-09-16 11:21:38 · answer #6 · answered by Maria G 1 · 0⤊ 0⤋
They probably can. She should pay the 600.00 and hope to get the car back and keep the title.
2006-09-15 17:47:30 · answer #7 · answered by Chris 5 · 0⤊ 0⤋
They have a hot check and if she pushes the issue they will press charges for writing a hot check. They may do it anyway because they are very angry with her.
2006-09-15 13:19:42 · answer #8 · answered by waplambadoobatawhopbamboo 5 · 0⤊ 0⤋
yes she did not pay off with gaurinteet funds, so she didnt pay its there car not hers ,she will not be able to recover any monie spent or personal properity left in the car
2006-09-15 13:22:27 · answer #9 · answered by buddy d 2 · 0⤊ 0⤋
yes they can if there is a lein on the title. if the lein is discharged then no.
2006-09-15 13:19:02 · answer #10 · answered by Stan 3 · 0⤊ 0⤋