If you have filed for bankruptcy protection, one of the very first thoughts I your mind is how long before someone comes along to tow away your car for repossession. So you might be happy to hear that you have go that the other around. Because if you still have your car with you now and you have already filed to the court, your creditors will not be able to take away your vehicle unless the court approves it. This is due to automatic stay. And they will not consider such a request until you have made your proposal for a repayment plan for your creditors. And if your repayment plan is approved for the car loan, your lender will have no justification to take your vehicle if you are making those payments.
If your car was repossessed before you filed for bankruptcy, you might still be able to get it back provided your repayment proposal is accepted and you are promptly making those payments. It is best to consult your lawyer on what you can do whether you are filing for Chapter 7 or 13.
It can be a humbling experience to watch someone take your car away while you know deep inside that they have the right to do so. The onus is that you probably knew that this was going to happen before it even happened. Here are some things you can do to make your comeback as smooth as possible.
If someone comes along to tow your car away, surely he would be equipped with some sort of scary looking paperwork. You want to get a copy of that. Politely ask for it as these people are used to car owners being hostile to them. So if you do not make an effort to be nice, they might interpret anything you say or do as a hostile response and dish out the same to you. This copy of the document will go a long way to getting your vehicle back when you have a good response ready.
As mentioned earlier, you would probably have a feeling that it will happen anytime soon. So it is best to remove all your valuables from the vehicle instead of leaving them in the car. It will be a huge hassle should you leave any important documents or valuable stuff and needs to collect them. It can be a very frustrating experience. If you look at it this way, you have screwed the lender by not making your payments, and they will have no qualms with screwing you I return.
Give them your key. If they do not have your key, they are going to break into the car. This can cause damages to it. You could get a huge shock when you get it back eventually due to the activities they conduct just to get the door to open up. Scratches, dents, cracks, you name it. So it would be wise to do yourself a favor by doing them a favor.
Take pictures of the condition of your car. You definitely don’t want a dispute depending on “what you say and what he say” plate of evidence. Disputes are settled by facts. And the party who is able to provide the best evidence on his case usually wins. Car can get badly handled during the whole process. If you have evidence on the condition of your vehicle before it was taken away, you have a good chance to get repairs done by the very culprit.
Contact your lender and politely ask what you have to do to get your vehicle back. The obvious answer is that you have to repay your loan. But lenders will know that that is unlikely. But maybe a restructured plan of payment can be agreed by all parties which will allow you to get your car back to where it belongs. You have to do this fast or it will be auctioned off sooner than you think.