I think they are trying to repo our car w/out notice

[djjd]

We live in texas. When I got home tonight I had a not in the door it says

Case #

Debtor: Husband

 

This case will be filed under Penal code 32.33 on 10/9/06

 

It has a bunch of stuff I don't really understand on the back.

 

I know we are behind on the car. I am not sure if he has ever made a payment in the three months we have had it. We are way behind and trying to work our way out. They have not sent us anything saying they are going to repo it. I am worried. I was planning on paying two payments in two weeks and then two next month. Is there anything I can do. The paper talks about it being a felony to conceal property. We have not been hinding anything. It is just always in the garage or we are using it. I did not even know they were looking for it. Is there anything we can do. I thought they had to give us notice. Maybe it is different if he has not made any payments. I need a couple of weeks before we can afford to do anything.

[UTDebtFree]

Have you talked to the bank to see what is going on? You really need to see if you made a payment. It also looks like they are going to file it tomorrow since the date on the notice is tomorrow. I am not sure if any county offices are open tomorrow.

 

Hopefully this will serve as a bump for those that know more!

[Uncle Leo]

We live in texas. When I got home tonight I had a not in the door it says

Case #

Debtor: Husband

 

This case will be filed under Penal code 32.33 on 10/9/06

 

It has a bunch of stuff I don't really understand on the back.

 

I know we are behind on the car. I am not sure if he has ever made a payment in the three months we have had it. We are way behind and trying to work our way out. They have not sent us anything saying they are going to repo it. I am worried. I was planning on paying two payments in two weeks and then two next month. Is there anything I can do. The paper talks about it being a felony to conceal property. We have not been hinding anything. It is just always in the garage or we are using it. I did not even know they were looking for it. Is there anything we can do. I thought they had to give us notice. Maybe it is different if he has not made any payments. I need a couple of weeks before we can afford to do anything.

 

Does the lender know you plan on making two payments in two weeks. They can't read minds. For all they know, if they have gotten nothing so far, they may assume (not unjustifiably so) that there is no intention to pay at all.

 

After three months it may be too late, unless you can catch it all up at once, but you do need to work with them and keep them informed. Some places are real hard-marigolds, but some others will work with you and delay taking drastic steps if you are up front with them.

[djjd]

It turns out he has not made a payment and we are four months behind if that changes anything.

[mainehockeyfan]

We live in texas. When I got home tonight I had a not in the door it says

Case #

Debtor: Husband

 

This case will be filed under Penal code 32.33 on 10/9/06

 

It has a bunch of stuff I don't really understand on the back.

 

I know we are behind on the car. I am not sure if he has ever made a payment in the three months we have had it. We are way behind and trying to work our way out. They have not sent us anything saying they are going to repo it. I am worried. I was planning on paying two payments in two weeks and then two next month. Is there anything I can do. The paper talks about it being a felony to conceal property. We have not been hinding anything. It is just always in the garage or we are using it. I did not even know they were looking for it. Is there anything we can do. I thought they had to give us notice. Maybe it is different if he has not made any payments. I need a couple of weeks before we can afford to do anything.

 

 

CALL THE BANK AND EDUCATE THEM OF THE UPCOMING PAYMENTS.

[stu]

I agree, call the bank IMMEDIATLY. It's proly too late at this point however and they just want their car. In my younger days I had two cars repossesed in texas. First was voluntary. What will happen is the sheriff or police will show up at your door with a repo guy. They will demand you turn over the keys and let the guy take the car, right then and there. If you dont comply you can/will be taken to jail for violating the court order demanding its return. In texas, getting a car and never making even ONE payment is viewed by the courts as grand theft auto and CAN be treated as such in extreme cases. I would call the bank right NOW (while you are reading this) with money IN HAND, and start getting caught up. If you call them without money they are going to tell you to pound sand and they want their car....(put yourself in their place).

[psp]

I'm not trying to be the credit police here, but was he unable to make a payment, or did he just not do it?

[hurricanesfans27]

normally they dont need notice to repo a car.

[NAN101]

Am I understanding your post in that you purchased the car three months ago and have not made a single payment on it yet? Read your contract, I'd assume you're automatically in default at this point and they have every right to repo the car - As for no notice? The fact no payments have been made should give you all the notice you need.

 

You can probably call the bank and see if there is anything you can do to redeem the vehicle without repo taking place, but the fact that no payments have been made will probably factor in their decision. Is there a specific reason no payments have been made? I think the situation might be different if you were a year or so into the loan and then skipped a payment, but defaulting right from the get-go is going to trigger many more questions on the bank's part.

 

If there's ANYTHING you can do to bring the loan current I would (that is, if it's even an option at this point from the bank's standpoint). You certainly don't want to add fraud claims to the repo.

 

Good luck.

[aescutie]

call the bank and make a payment(s), otherwise, you should give the car back...

[jowens33]

or Perhaps you should follow your own advice.....

 

http://creditboards.com/forums/index.php?s...mp;#entry952180

[UTDebtFree]

You put earnest money to build a house but did not pay your car payment? I think it is time someone else paid the bills than who is paying it.

 

Sorry to be so harsh but If I had a place to live, I would certainly make sure that I had a car instead of a new place to live.

[mk_378]

There's no way he's going to keep that car without making a payment (or 3 or 4) right NOW. If that is not done, they will come back with the police and demand that he surrender the car. You shoud go to the garage NOW and take all your personal property out of the car, expecting it to be taken away. If you can't make payments to satisfy the bank, park it on the street so the repo guy can just take it. Try to not be home when he does. Don't talk to the repo guy and definitely don't sign any papers. You're hoping that they'll mess up on a technicality so you can avoid the deficiency debt and bad credit reporting. Though it sounds like this place is following the book pretty well.

[demejoe]

If a repossession is in the works, no one has to notify you, if you havent paid a note on the car, then you can expect a repo. Is there a reason why the note hasnt been paid. I am by no means trying to judge because things happen beyond our control, but you need to get on the phone with someone before its too late, if its not already. Good Luck

[centex]

In texas, getting a car and never making even ONE payment is viewed by the courts as grand theft auto and CAN be treated as such in extreme cases.

 

Slight error there...Texas has no offense called "Grand Theft Auto." There are certainly felony offenses that can be charged, but an offense captioned as Grand Theft Auto is not one of them...

 

To the OP...the language in TPC 32.33states in pertinent part that "( c ) for the purposes of this section, a person is presumed to have intended to hinder enforcement of the security interest or lien if, when any part of the debt secured by the security interest or lien was due, he failed:

1) to pay the part then due; and

2) if the secured party had made demand, to deliver possession of the secured property to the secured party"

 

The level of the offense will be governed by the value of the property...and with the price of most new vehicles, it likely would fall within the third degree felony range which covers property of $20K-100K.

 

They have definitely laid out the requisite elements to take a case to the DA and request that it be filed- payment has not been made, and a demand is being made for the vehicle.

Edited October 9, 2006 by centex

[pryan67]

are you sure it's about the car?