I need to know, my fiances brother has a four wheeler that he got behind in payments on. A repo man came to take it but he didnt have it at the home so he didnt get to take it. The repo man said that if he did not bring it back that it would go to court and the people who sold it to him will seek restitution for it.
If my fiances brother does not turn it in or show up for court what can happen to him? Will he have to pay court fees? My fiance said the juge will sent it to a creaditor and they would have to pay them. Is this true??
Answers:
take it back before court save yourself the hassle went through this already still paying for it
If a Repo guy is trying to get the truck back , trust me he will eventually find it %26 take it. Even if your BF's brother parks it at the mall- Grocery Store, where ever. they will find it %26 take it.
If he does not show up for court, he has violated a court order %26 can have a warrent issued for his arrest. And he will not only have to pay his own court fees, but possibly the other parties fees as well...
If he does not show up in court, the creditor will get a default judgement against him. That will go onto his credit reports, AND the creditor will most likely garnish his wages. They will also place leins on any other property he might own. That judgement can last for decades, depending upon his state, so he won't be able to get financing in the future for a home or a vehicle, and probably won't be able to rent an apartment until he pays the money he owes.
If he does not turn over the ATV, the amount of the judgement will be higher. If he turns over the ATV, the creditor will sell it, and he will only have to repay the difference between how much he owed on it and how much they sold it for. If they don't get the ATV, they will want the total amount he owes on it.
As part of their suing him for the money he owes, the creditor will probably request that the court order him to pay for their costs in suing him. He will pay for their attorney, the filing fees for the court, and any other expenses they incurred in the collection process.
In addition, if he doesn't return the ATV, he could find himself arrested for theft since he doesn't own the ATV yet due to the loan. Those are criminal charges that could result in jail time, and legal costs.
If he returns the ATV, he won't have criminal charges. He can also present a defense to the money owed.
Oh, after they get the default judgement against him for not appearing, he's going to get another paper from the court some time in the next few month ordering him to appear in court for "interrogatories." That means that he will be ordered to come to court to give information on his assets. If he fails to go to court for this, he'll be arrested for failure to appear. That means jail time.
make the payments or give it up
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