No Repossession After Bankruptcy

[straydawg76]

Hi. I live in oklahoma. I have a complicated story but i'll try to keep it short. I filed bankrupcy in 2001. I had a vehicle to be reposessed. I contacted the creditor to come and pick the vehicle up three or four times over a ten month period, they failed to do so. It stayed in my driveway collecting dust. My attourney contacted them also and they wouldn't come and get it. My attourney sent them a bill for me for a storage fee because they said I was responsible if anything happened to it. They called when they got the bill. I told them to send a check with the repo man. They said they wouldn't pay. I told them to talk to my lawyer. They didn't. He tried to call them and they didn't take his calls. That was five years ago and thay have failed to respond in any way. Is there a way I can get the lean released or sell it or something. Any advice could help.

[moburkes]

Hi. I live in oklahoma. I have a complicated story but i'll try to keep it short. I filed bankrupcy in 2001. I had a vehicle to be reposessed. I contacted the creditor to come and pick the vehicle up three or four times over a ten month period, they failed to do so. It stayed in my driveway collecting dust. My attourney contacted them also and they wouldn't come and get it. My attourney sent them a bill for me for a storage fee because they said I was responsible if anything happened to it. They called when they got the bill. I told them to send a check with the repo man. They said they wouldn't pay. I told them to talk to my lawyer. They didn't. He tried to call them and they didn't take his calls. That was five years ago and thay have failed to respond in any way. Is there a way I can get the lean released or sell it or something. Any advice could help.

The only way to get the lein released is to pay it off.

[Betty3]

Sometimes creditors will not repossess a car because it is not cost effective to do so - the car isn't worth enough to go to the expense. It depends on your own particular state law but you might be able to (due to the time that has passed & creditor has not repossessed the vehicle) get a court order to get clear title to the car - talk to your lawyer about this. You might also talk to the people at the DMV & see if they can give you any suggestions as how to handle this. Of course, as the other posted mentioned, you can also pay the lein off.

[Mr. Knowitall]

I am not aware of a mechanism for a court to order a change of title, merely because the creditor is slow to repossess the vehicle. I doubt one exists.

If you wish to bring this to a close, try negotiating with the creditor to buy the car or, if you prefer, arrange to turn it in to them.

[Betty3]

I have a reference that indicates (though it's according to each state's law) that sometimes if the creditor does not repossess the vehicle within a reasonable length of time (looks like they probably don't want it - not worth much), a court order can be obtained where debtor can get clear title to the car. The best way, of course, is to arrange to pay it off. You save going to court, etc.

[aaron]

Please share the reference. Thanks.

[Betty3]

My sister-in-law used to work for an attorney & she gave me some "legal papers" (legal ref. info) she had kept - it was in with what she gave me -article was by an attorney named Sam King. I checked to see if I could find a web site re this & I did come up with this: http://en.allexperts.com/q/Bankruptc...-car-title.htm Close as I could find.

[Mr. Knowitall]

Unfortunately, it doesn't do anything more than state it as a theoretical possibility.

[Betty3]

The website - that's true. The ref. I have said sometimes it is done according to state law. I haven't heard of it being done though. I just thought it might be an option.

[aaron]

I've been thinking about it a bit, trying to come up with a cause of action, but given that you would have no conceivable claim to ownership at that point, such possible causes of action (such as adverse possession of chattel, in a state which recognizes such an action) aren't possible. Some states have broader "abandoned property" laws and, although the title complicates things, it may be possible in some states to gain legal ownership through such laws given a long enough period of abandonment and proper notice to the creditor of the court action. There's also the magic of equitable remedies - it is conceivable that a court might be convinced to fashion a remedy to fit the circumstances, even if the legal theory weren't particularly strong, and it would be difficult to find any such trial court decisions as they are not likely to be appealed.