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    anitacase's Avatar
    anitacase Posts: 3, Reputation: 1
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    #1

    Jul 25, 2010, 02:45 PM
    Car repo that's paid off
    Our house went to auction and sold last week. We are also filing bankruptcy in a few months. We are several months behind on 4 unsecured credit cards that will be in the bankruptcy. Can anyone that we owe money to, repo our vehicles which we paid cash for? We did not get cash advances on the credit cards to fund the purchases.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Jul 25, 2010, 02:48 PM

    No they can't without getting a judgement against you. Do you know who exactly took the car? They should have left some paperwork behind. Have you reported the car stolen ?
    anitacase's Avatar
    anitacase Posts: 3, Reputation: 1
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    #3

    Jul 25, 2010, 02:54 PM

    No. We just saw a tow truck parked in front of our house, and when we went outside, they took off really fast.
    anitacase's Avatar
    anitacase Posts: 3, Reputation: 1
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    #4

    Jul 25, 2010, 02:55 PM
    Would we have to be informed of the judgement?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jul 25, 2010, 02:57 PM

    As noted, to seize property for unsecured debt, they would have to file suit, get a judgment, then get a writ of execution for the property.

    You would not have to be informed about the writ, but you would normally be informed about a judgment against you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jul 25, 2010, 03:06 PM

    And you have the "title" to the auto, no one is holding it for a payment ?

    But if you put the car up for a loan, ( like a title loan or a payday loan place often you put up property for the debt)

    If it is for just a credit card they will have to get a court judgement first.
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