u/Puzzleheaded_Fig2952

Creditor illegally seized my vehicle, lawyer said it could take months to get it back, what can I do?

As the titles says, my car was illegally seized from my house on 05/13. I filed for chapter 7 on 02/19, I had my 341 meeting in 03/27 and my discharge date is 05/26/26.

I woke up and my car was gone, I called the local sheriffs office, confirmed there was no repo order out, called the financial company and they said they towed the vehicle because I never signed my reaffirmation agreement. I didn’t sign it but I still had time to sign it according to my attorney. I let my attorney know that the vehicle was taken by the finance company, we called them together and to quote exactly what she said on the phone, “we set a deadline for the reaffirmation, you didn’t sign by the deadline, we went to a judge in 3/22 and they granted a Relief of stay. However after looking at PACER, none of that is true, it shows none of that on the docket. Like I mentioned before I still had time to sign the agreement.

My lawyer and paralegal cannot get ahold of the company anymore, they aren’t returning calls. However when they took the car they took my only way to and from work along with my work tools (company paid for) that was in it, and the only way to get that stuff back is to make an appointment with the tow yard and I must bring them my keys and such for the car, but the tow yard closes at 4pm and I work on a military base and I can’t call before 4pm to make an appointment to pick the tools up. I’m also being threatened to lost my job because I can’t drive to the required sites to work.

I’m really lost idk what to do, if I would have known they were gonna take the car, I wouldn’t have paid the last 3 months and attempted to find a beater until I was able to finance. I just spent $2000 on the lawyer for chapter 7, I don’t have a disposal income to drop money like that.

Even if my lawyer fights it and brings sanctions against the lien holder it could be months before I get the car, on top of that because the car is gone, I’ll have no income with no family near me to let me borrow their car, so I’m pretty much out of money and ideas, should I file a police report and insurance claim for a stolen car?

Edit: My car loan is fully paid up and current, I haven’t missed a payment

reddit.com

Am I responsible for an auto loan I never signed a reaffirmation on

So I filed Chap 7 on 2/18, I had my 341 and I’m set to discharge on 05/26. This morning I woke up to my car being gone, I called the police and it was repo’d. I called the financing office, who refused to talk to me because of Chapter 7 status. I called my attorney, who is out of office so I got voicemail.

So I was going to sign a reaffirmation agreement, but I was told I could wait to see if I actually needed this car, so I was going to wait til the last possible moment, my lawyer said that was fine as long as it was before the discharge date. The bank refuses to work with me because of Chapter 7, so they suggested making a payment via an online link but they’d prefer a check in the mail. I paid my Feb bill on time, I sent my check for March out on March 4th, the money didn’t get deducted from my account until March 29, which was 2 days after my 27th due date however my account was current. I paid my April payment with a check but the money was never deducted, I called and they told me they’d wait a few more days, check was returned to me. Bank says I was late in March so a judge signed “Motion of stay relief” because it was late.

I was never notified of the motion, neither was my attorney or Trustee, the bank says their attorney has a work around for things like that, anyways they took the car even tho to date I’m caught up on payment, now they want me to pay my bill due on the 27th of this month + the tow fees and such to get my car back, however after thinking about it, I don’t need the vehicle anymore.

I never signed the reaffirmation agreement, my attorney never signed the reaffirmation agreement, am I liable for anything to do with the car if I don’t want it back?

I don’t wanna wait for 2 weeks for any answer because I’d be discharged from Chapter 7 and I don’t want it falling back on me.

reddit.com
u/Puzzleheaded_Fig2952 — 8 days ago