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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15592
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My questioned pertains to repossession laws NJ. My car was

Resolved Question:

My questioned pertains to repossession laws NJ. My car was repossessed today but I don't owe anything on it. I paid it off last year they sent me a clean and lien free New Jersey title in my name. I financed it through some shady car dealer/finance company off Craigslist which is located in Maryland but I live in NJ. I notified the police they tried to contact the finance company all day and left him several messages for him to them call back. He did not call them all day but he just contacted me this evening. He stated that the car payment has not been paid in full and that I have not made a payment since last year. We argued back and forth but got no where. He stated I will not get the vehicle back until its paid in full. Clearly this some kind of clerical error or he is really trying to scam me out of more money. I was told this is was an unlawful repossession and a civil matter because there is no lien on title and he has no right to the car without a lien. Also that he would have to get a court order to get the car since there is not a lien on title. Does he have the right to take my vehicle even if I have the title? Should he had legally notify me before he attempted to take car? Can I legally get the car back until the matter is settled in court? I also would like to find the NJ statue on repossession laws and procedure.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

The police should be involved in this matter for the lender to take the car, they would have to have a secured lien on the car and have filed the lien with the motor vehicles department, if they have no lien they have no right.

WALLSTREETESQ :

http://www.repo-laws.com/repossession-codes/new-jersey.htm

WALLSTREETESQ :

You can also review the lien laws above in NJ

WALLSTREETESQ :

The first course of action for you is to contact

WALLSTREETESQ :

motor vehicles and see if a lien exits on the car and when it was filed,

WALLSTREETESQ :

if their is a lien, see when it was filed and for how much, and consider bringing civil action to force the lender to bring back the car, you may have to file an emergency civil lawsuit in Court to force them to give you the car.

WALLSTREETESQ :

I would also consider filing a stolen vehicle report if their is no lien.

WALLSTREETESQ :

You need to also review the contract terms to see how much is owed and if you paid the total amount,

WALLSTREETESQ :

if you did pay the entire amount, they have no legal cause of action to take your car.

Customer:

I have already been on that site and I could not find the exact guides that state if there is no lien that the lien hold has to be on title to have rights to car

Customer:

I already reported the car stolen

WALLSTREETESQ :

What did the contract state?

WALLSTREETESQ :

Pursuant to N.J.S.A. 39:10-15, any request to title or sell a repossessed vehicle in the State of
New Jersey, must be accompanied by a certificate of title. If the title has been lost, the
lienholder must apply for a duplicate title.
Effective September 1, 2008, the Motor Vehicle Commission will begin enforcing the
statutory requirements pertaining to the issuance of duplicate titles.
All forms documenting the repossession, subsequent sale, and application for duplicate title may
be submitted together, to the Motor Vehicle Commission, through the mail. There will not be an
additional waiting period due to the issuance of the duplicate title; the transactions will be
processed simultaneously. The lienholder may also obtain the duplicate title at any local Motor
Vehicle Agency, but cannot obtain the duplicate title in-person at the MVC headquarters. The
application for duplicate title will require a separate check or money order.
In the event that a vehicle was repossessed and the lien has erroneously been omitted, the title
must be corrected. This transaction is handled through the Database Correction Unit. They can
be reached at(NNN) NNN-NNNNx5058.
Your anticipated compliance is greatly appreciated. If you have any questions, please contact
the Commission with the telephone number listed above.

WALLSTREETESQ :

In NJ the title must be in the lenders name,

WALLSTREETESQ :

for them to sell the vehicle,

Customer:

I am trying to find my contract. I have moved since I paid the car off. I think I might have thrown it out because when I sent the last money order for the final payment they sent me my title a week later.

WALLSTREETESQ :

If you have the title and their is no lien, they have no legal right to the car, and cannot sell it either.

Customer:

When I reported to the police I showed them the title. Is there any legal way to get my car back I need it

Customer:

Can the police force them to give it back

WALLSTREETESQ :

The only way to do this now is to file an emergency lawsuit forcing them to return the car, the police can force them as well.

WALLSTREETESQ :

You can sue them under the New Jersey Consumer Fraud Act. in most cases, wrongful repossession damages might equal the finance charges plus a certain 10% penalty assessed to the entity who wrongfully repossessed or dispossessed the collateral.

Customer:

Ok thank you very much. I am going to the police first thing in morning to see if he contacted them and to tell them that he finally contacted me.

Customer:

can you refer an attorney to me?

WALLSTREETESQ :

http://www.consumer-attorney.com/lawyer-attorney-1527071.html

Customer:

Thanks

WALLSTREETESQ :

http://www.wolflawfirm.net/practice-areas/auto-fraud-and-wrongful-repossessions/

WALLSTREETESQ :

Their are several also consider contacting the Attorney generals office as well.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied with our service please provide us with positive feedback, so we can receive credit

Customer:

Ok thanks again

WALLSTREETESQ :

good luck

WALLSTREETESQ :


If you have any further questions please do not hesitate to ask.






9:38 PM



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Expert:  WALLSTREETESQ replied 1 year ago.
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Expert:  WALLSTREETESQ replied 1 year ago.
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WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15592
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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