How Do I Go About Repoing A Car That Was Dismissed In Ch 13??

[Jay579]

What is the name of your state (only U.S. law)? Georgia

Hello. I live in Augusta, Ga and I sold and financed a car to someone back in 2008. When her first payment was due she neglected to pay it. So I went to repo it. While repoing the car she and her neighbors all got involved and caused a huge scene. Her 13 yr old daughter punched my wife in the face. We were recording everything with a camera. So she will get violent. She then called the police on us, and I called the police on her. When the police arrived I told them what happened. Then I told the officers to let me talk to her for a minute and to go hang out by their car for a minute. By law the officers cannot help you repo a car.

So using the officers influence and dropping a charge on her daughter as negotiation leverage I talked her into her into doing the right thing. She finally cleaned her car out and turned it over to me. It took me 3 months to get it back. She paid $500 down to get the car. It was $4995, $200 a month payments. She never paid a single payment.

Well, the next day she files Chapter 13. The only debt she had was the car loan and a credit card she maxed out and was behind on. The lawyer made me give the car back to her.

Well 6 months went by and she never made a bankruptcy payment. So I get a dismissal letter in the mail. I ride by her house to repo the car, but she has it blocked in with other cars. Saturday, I decided to go to her door to ask her what we need to do to settle this and for me to get my car back. She tells me this story about the motor being blown and blah blah blah. She's apparently not going to voluntarily give it back to me.

So I was wondering what other options I may have to get the vehicle back. I know there's a writ of possession I can take out on her, but don't know much about it. I think once it is filed a U.S. Marshal knocks on the door telling her she has so many days to return the car or go to jail.

Can anyone recommend anything else I can do?

Thanks in advance,
Jay

[dfromnyli]

I'm pretty sure you can't repo the car yourself because you are the one who financed the vehicle. Also GA law states that you have to notify the local police 24 hours in advance to repo a vehicle and there must not be a breach of peace.

[KenGib]

What does the note say? that's the first place to look. If it gives you the right to take the car back upon non-payment, then you could probably just take it back. You might want to tow it away in the middle of the night. If it doesn't give you the right to take it back, you may have to sue her.

I'm skeptical about why you had to give the car back in the first place after repoing it, though.

[dfromnyli]

Originally Posted by KenGib

I'm skeptical about why you had to give the car back in the first place after repoing it, though.

Bankruptcy law can be a helluva pain in the rear end for creditors.

[debtcollector`]

Don't bother repoing the car. Just get an attorney and sue her for the total amount due plus costs and interest.

DC