This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Complaint Repossession Document Without Comments In Georgia
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The creditor can seize the vehicle as long as they do not “breach the peace.” Breaching the peace generally means the creditor cannot use force, damage other property, or threaten you to repossess your vehicle.
Filing for bankruptcy is a drastic but effective means to stop car repossession. In Georgia, Chapter 13 bankruptcy, in particular, can be a powerful tool. Upon filing, an automatic stay goes into effect, halting any repossession attempts while your case is in progress.
Can a repo man move another car to get yours? No, a repossession agent may not do that. But, if the repossession company can't access your car because it is hidden, blocked, or locked up, your lender goes to court to get a replevin. Replevin is a court order compelling the collection of the vehicle.
The creditor should also let the consumer know where the vehicle is being held so that they can retrieve any personal goods that they may have left inside of it. Although the creditor cannot keep or sell the consumer's personal items, they can keep items that are attached to the vehicle, such as a stereo system.
The repo man is required to leave if you ask him to do so. He is allowed to come onto your property but he cannot create a public disturbance, such as getting into an argument with the homeowner. You can check with local authorities.
What Happens If the Repo Agent Doesn't Find Your Car? But if you make it hard for the repo agent to get it, then the creditor may use another method to get the car back, called "replevin." Replevin can be just as costly as a repossession, if not more so.
In Georgia, a car creditor must notify you within ten days from the day of repossession. But if you decline to do so, the lender is obliged to take the vehicle back to sell it or auction it. However, if the car sells for less than you still owe, the creditor will come for the deficiency balance.
In Georgia, the statute of limitations for breaching a contract for sale is 4 years (OCGA 11-2- 725). Thus, if the repossession occurred more than 4 years ago, the debt is not collectible from anyone.