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.
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.
Georgia law offers several protections to borrowers facing repossession. State law requires lenders to notify borrowers before repossessing a vehicle, allowing a chance to cure the default.
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.
The notice must tell you the name and contact information for both the lender (the legal owner of the vehicle) and the repossession agency. The notice must also disclose the charges for storing the car and any personal effects. Don't Lose Your Car to Repossession in the First Place.
Your creditor can try to repossess the vehicle another time or can ask a court for an order to get the vehicle. But you can't get physical with the person trying to repossess your car or interfere with the repossessor's own vehicle or equipment.
You will receive the repossession title once your application is approved and the necessary checks are completed. This title will officially establish your ownership rights to the repossessed vehicle. Keeping this title in a safe and secure location is crucial, as it serves as legal proof of ownership.
A repossession affidavit is a legal statement filed with the Department of Motor Vehicles when you repossess a car from a customer. This document provides details about the repossession such as why and how the vehicle was repossessed. It also informs government authorities that the vehicle has been repossessed.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
Personal property foreclosure, legally termed a “replevin proceeding,” is a creative tool to use when you need to recover on a debt that is not real property related. The types of personal property you can seize range from cars, tractors, trucks, furniture, store merchandise and much more.