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Old 01-11-2003, 09:38 PM
barbydoll
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Question

car repo??????


What is the name of your state? arkansas
What are my rights. Truck has been repo'd. value less then whats owed. Have had nothing but problems with truck since I've had it. Major problems! Is a used truck. I am trying to get it payoff through a bank but not sure if I can for full amount owed can we bargain for what bank will finance for? If they dont what can they do as far getting what is owed on truck? Checking, property, etc?
  #2  
Old 01-11-2003, 09:49 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,530
"can we bargain for what bank will finance for?"
** Of course you can try to negotiate a settlement with the lender, but they are under no obligation to accept.

"If they dont what can they do as far getting what is owed on truck?"
** They can sue you and will likely get a judgment against you. If they do, they can then seize/levy property as provided by state law to enforce the judgment.

"Checking, property, etc?"
** Property NOT listed on the following list of Arkansas exempt property IS subject to seizure/levy:

Homestead: A debtor must choose either option 1 or 2.
1. For head of family; real or personal property used as residence, to an unlimited value. Property cannot exceed 1/4-acre in city, town or village, or 80 acres elsewhere. If property is between 1/4- to 1 acre in city, town or village, and 80 to 160 acres elsewhere, up to $2,500; no homestead may exceed 1 acre in city, town or village, or 160 acres elsewhere. Husband and wife may not double the homestead exemption.
2. Real or personal property used as residence, to $800 if single, $1,250 if married.

Pensions and Retirement Benefits: Retirement plans for firefighters, police officers and school employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limit of $500, and nondeductible contributions to a non-Roth IRA are not protected.

Insurance: Annuity contract. Disability benefits. Fraternal society benefits. Group life insurance. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors. Life insurance proceeds or avails if beneficiary isn't the insured. Life, health, accident or disability cash value or proceeds paid or due (limited to the $500 exemption provided by section 9-1 and 9-2 of the Arkansas Constitution). Mutual assessments life or disability benefits to $1,000. Stipulated insurance premiums.

Personal Property: Burial plot to 5 acres. Clothing. Motor vehicle to $1,200. Wedding bands; any diamond can't exceed 1/2-carat.

Tools of Trade: Implements/books/tools up to $750.

Miscellaneous: Business partnership property.

Wages: 60 days' earned but unpaid wages if debtor's personal property plus such wages do not exceed constitutional maximum exemption. Minimum of $25 per week exempt.

Public Benefits: Unemployment compensation. Workers' Compensation. Aid to blind, aged, disabled. AFDC. Crime victim's compensation unless seeking to discharge debt for treatment of injury incurred during the crime.

Wild Card: $500 of any personal property if married or head of family; or else $200.
__________________
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