Indiana Consumer Law Group

It is my hope in these trying times that creditors exercise restraint and avoid repossessions altogether. Unfortunately, I am afraid that repossessions are still going to occur during the Coronavirus Covid-19 pandemic. If you are reading this, you are probably either concerned about your car being repossessed or it already has. First, repossessions are likely prohibited. If they do, they have breached the peace and repossession is illegal.

Car Repossessions During the COVID-19 Crisis

Sawin & Shea

I’m here to talk to you today about repossessions. I know currently with this current COVID-19 crisis, many car lenders have voluntarily suspended repossessions. There is no state mandate keeping them from repossessing cars. Give us a call, if you have any questions about repossessions. The post Car Repossessions During the COVID-19 Crisis appeared first on Sawin & Shea. Transcript.

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Consumer Financial Protection Bureau Settles with Nissan Motor Acceptance Corporation for Illegal Collections and Repossession Practices

Consumer Finance

The Consumer Financial Protection Bureau issued a consent order against Nissan Motor Acceptance Corporation, which services auto loans and leases originated by Nissan and Infiniti dealerships nationwide. Press release Auto loans Enforcement

Nissan Becomes Most Recent Target of CFPB Ire: Auto Finance Company Enters into $4 Million Consent Order for Alleged Unlawful Repossession Acts

Troutman Sanders

Specifically, the CFPB alleged that Nissan violated the Act in four ways: By repossessing vehicles between 2013 and 2020 even though customers had already made payments or taken action that should have prevented repossession; By requiring customers to pay a $7.95

Santander Sued by Indiana Consumer for Breach of Peace Repossession

Indiana Consumer Law Group

over a repossession that allegedly did not comply with Indiana law. Specifically, the repo agent is alleged to have breached the peace in repossessing the plaintiff’s vehicle. Indiana law, like most states’, permits a lienholder to repossess a car when the owner defaults on the note. One of those requirements is that the repossession absolutely must be conducted without a “breach of the peace.” PRESS RELEASE.

Tri-Force and Ally Financial Sued for Wrongful Repossession in Indiana

Indiana Consumer Law Group

The lawsuit alleges that agents of Tri-Force breached the peace when they attempted to repossess a vehicle from our client and then, when our client physically resisted the repossession (as was his legal right to do), engaged the police to coerce our client to relinquish possession of the vehicle and thereby accomplish the wrongful repossession. Our office has noticed a disturbing trend of more aggressive repossessions in 2017.

NMAC Pays $5M In CFPB Consent Order; Third-Party ‘Deprived’ Consumers of Lower Pay-by-Phone Options

Account Recovery

The Consumer Financial Protection Bureau yesterday announced it had entered into a consent order with Nissan Motor Acceptance Corp.,

What Does a Chapter 13 Repayment Plan Look Like?

Sawin & Shea

It stops creditors from pestering you and halts repossessions and foreclosures while you work on creating a repayment plan that’s reasonable for you to repay based on your income and assets. It’s a smart choice to file for Chapter 13 bankruptcy.

Partner with certified Debt Collection Agency

Debt Recoveries

Established in 1961, the Institute of Mercantile Agents Limited (IMA) represents collectors, investigators, process servers and repossession agents throughout Australia. The cashflow of every business is an important factor to keep the operations of the business afloat. One of the services businesses are able to use to help maintain or improve their cashflow is a debt collection agency. Ensuring the collector you have chosen is highly reputable in their industry is of utmost importance.

Surviving Debt – Free Book During Coronavirus Pandemic

Debt Free Colorado

Vehicle Repossessions. Free book about dealing with debt during COVID-19. The National Consumer Law Center is offering free access to the digital version of its book, Surviving Debt, during the COVID-19 emergency.

Deepening Circuit Split, Third Circuit Holds that Items Seized Pre-Petition Did Not Violate Automatic Stay

Consumer Financial Services Law

Joy Denby-Peterson purchased a 2008 Corvette in July 2016, and several months later the vehicle was repossessed when Denby Peterson failed to make all of the required loan payments. After repossession, Denby-Peterson filed an emergency Chapter 13 Bankruptcy petition in the Bankruptcy Court for the District of New Jersey. In some circuits, a creditor is permitted to ignore a post-petition demand for the return of collateral that was lawfully repossessed pre-petition.

Military families’ main worry? Financial challenges.

Albuquerque Law

The SCRA protects active military service members and their families before and during bankruptcy proceedings by preventing or postponing: Default judgments on debt collection; Eviction or foreclosure; Repossession of their vehicle; Civil court proceedings; and Wage garnishments. Military service members and their families make many sacrifices to protect the values and people of the United States. Most service members do not expect one of those sacrifices to be financial security.

How To Remove TU Interactive From Your Credit Report

Better Credit Blog

Repossession. Curious about an entry from TU Interactive on your credit report? When your report has an inquiry from TU Interactive, it’s probably because you applied for some type of credit.

What Debts Will Remain After A Chapter 13 Discharge?

Sawin & Shea

The kinds of debt that can typically be eliminated are credit card debt, medical bills, utility bills, evictions, repossessions, and personal loans. Chapter 13 bankruptcy can wipe out most kinds of debts and leave you with a much brighter financial picture. But Chapter 13 can’t discharge all types of debt you’ve taken on. Some debts will remain after your bankruptcy, although you’ll be in a much better position to handle them. Here’s a closer look at how it works.

How to Protect Your Credit While in the Military

Credit Corp

Repossession and foreclosure. In certain cases, creditors must get court orders to repossess or foreclose on property of an active service member.

Dealing With Debt From COVID-19

Debt Free Colorado

They will feel obligated to protect their interest in the collateral (your car) and can move quickly to repossess after only a few missed payments. How do I pay my Bills if I’m out of Work due to a Stay-At-Home Order? The efforts to contain the Coronavirus pandemic have pushed hundreds of thousands of people out of work. Without consistent income, paying your bills can be difficult if not impossible.

How to Remove FNB Omaha From My Credit Report

Better Credit Blog

Repossessions. Applying for a credit card can open you up to some rewarding financial benefits, but it might also have a negative effect on your credit score.

Are Digital Signatures Legally Binding?

Rocket Lawyer

This means ink signatures are still required for: estate and family law matters court orders, pleadings, motions, and other court documents notices of foreclosure, eviction, or repossession cancellation notices, such as utilities or insurance benefits safety recall notices.

How To Remove Penn Credit from Your Credit Report

Better Credit Blog

Repossessions. Has your credit score recently taken a dive as a result of a collections entry from Penn Credit? If you forgot to pay a bill or you’ve gotten behind on payments to a lender or service provider, it can have some nasty effects on your credit.

What Is SYNCB On My Credit Report?

Better Credit Blog

Property repossession. A lot of things can impact your credit score, from your payment history to the amount of available credit you use. Another action that influences your score is applying for a line of credit.

How To Remove AWA Collections From Your Credit Report

Better Credit Blog

Repossessions. Is AWA Collections flooding your phone and mailbox, claiming that you owe them money? Or were you alerted to a new entry from the collections agency on your credit report?

Condor Class Action Lawsuit Filed Over Defective Notice of Sale

Indiana Consumer Law Group

Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery Securitization Trust arising out of the repossession of an Indiana couple’s vehicle. PRESS RELEASE. Indiana Consumer Law Group/The Law Office of Robert E.

What Are My Repayment Obligations Under Chapter 13 Bankruptcy?

Sawin & Shea

There are also unsecured debts like credit cards, medical bills, repossessions, and past evictions that get paid what the law states they are entitled to under an asset-based test and an income-based test. When you’re considering Chapter 13 bankruptcy, you’re also wondering how much of your debt you’d be obligated to pay back. Plus, you need to know how much time and paperwork it will take. Let’s take a look at a debtor’s obligations under Chapter 13 bankruptcy.


Collection Industry News

Debt collection activities, including legal proceedings, garnishments, repossessions, and debt selling, must be prohibited during the state of emergency. DEBT COLLECTORS, facing growing demands to freeze the collection of debt across the country amid the economic hardship caused by the coronavirus pandemic, are mobilizing their lobbyists to push back. In New York, residents are receiving a 30-day reprieve from the collection of state-owned medical and student debt.

How to Remove Rausch Sturm from Your Credit Report

Better Credit Blog

It is possible that Sky Blue may be able to help you remove other negative marks from your credit report, such as charge offs , late payments , and repossessions. If you have heard from a debt collector called Rausch Sturm, you are probably being pursued for an old debt.

560 Credit Score

Better Credit Blog

Repossessions. A good credit score is essential if you’re looking to get approved for anything from a rewards credit card to a mortgage. But what score do lenders consider to be good? If you have a 560 credit score, your approval odds for loans are low, and your credit rating is pretty poor.

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Should You File for Bankruptcy if a Strong Economy is Just Around the Corner

Titan Consulting

Protect secured debt (home and car) from default to avoid a repossession or foreclosure. Key Takeaways. Bankruptcy will destroy your credit and remain on your credit report for up to 10 years.

How Businesses Use Corporate Debt Restructuring for Liquidity


Missing payments on secured debt causes the creditor to repossess the property as recourse. Corporations have been increasingly defaulting on debt, with many businesses are struggling to maintain revenues and liquidity. Sometimes businesses aren’t prepared for market changes or a slump stretches longer than it should have, causing them to fall further into debt as bills pile up. Banks can seize business assets and liquidate as a last resort to cut their losses.

What Happens If You Can’t Pay Your Commercial Lease in NYC Due to COVID-19


The new statute shall not affect: The right of a landlord to terminate a tenancy, refuse to renew or extend a lease or other rental agreement, or reenter and repossess property under section 22-902(b) of the NYC Administrative Code and. As the COVID-19 infection rate in New York decreases, the focus has turned to reopening the state and returning to work. The “New York State on PAUSE” executive order went into effect on March 22, 2020, closing all non-essential businesses statewide.


BN Lawyers

These parties could foreclose or repossess the property securing the loans. They could lock you out of your location or repossess equipment. By: R. Shannon, Esq. [1]. The service industry is precarious even in the best of times. Remaining profitable always requires innovation and consistent excellence to remain profitable, especially in a place with tight competition and margins like Austin. These are far from the best of times.

Paying Bills Later: Considering Financial Consequences of Delayed Payments Due to COVID-19

Titan Consulting

Deferring your auto payments may put you at risk for repossession if your lender requires you to catchup and make all deferred payments at the end of the deferral period. Key Takeaways. Delayed payments are not forgiven payments. Pausing bills can lead to massive balances due when payments restart. Suspending rent payments die to COVID-19 may put you at risk for foreclosure if you can’t make up your deferred payments all at once.

The History of Skip Tracing

National Service Bureau

Skip-tracing tactics have traditionally been used by debt-collectors, bounty hunters, bail or bond enforcers, detectives, investigative journalists, repossession agents, and lawyers. Skip tracing has been around since antiquity. It wasn’t practiced in the same way that it is now, but the basic idea is the same. What is it? In relation to debt collection, skip tracing is a way of “tracing” (finding) a debtor who has “skipped” (left) town in an effort to get out of a debt that is owed.

Guest Post: CFPB Seeks Information for Third Party Debt Collection Rules

Consumer Financial Services Law

Also, on an auto loan, there could be more than one missed payment, followed by a repossession, followed by a sale of the collateral and establishment of a deficiency balance. Editor’s Note: On November 3, 2016, Smith Debnam’s Jerry Myers attended a meeting with the CFPB to discuss the proposed rules for third party debt collection. Below, he shares his thoughts from the meeting.

OCC Lays Out SCRA Compliance Management System Expectations in New Wells Fargo Consent Order

Consumer Financial Services Law

According to the OCC, the bank violated three separate provisions of the SCRA by failing to provide the 6% interest rate limit to servicemembers’ obligations or liabilities incurred before military service, failing to accurately disclose servicemembers’ active duty status to courts via affidavits prior to evictions and by failing to obtain proper court orders prior to repossessing vehicles.

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