What Is the Process for Lienholders to Repossess a Vehicle Involved In a Crime In North Carolina?
In North Carolina, a lienholder has the right to repossess a vehicle if it was used in the commission of a crime. The law that establishes lienholder’s rights and motor vehicle repossession is Article 9 of the North Carolina Uniform Commercial Code (UCC). This law sets out the rules and procedures that lienholders must follow when repossessing motor vehicles in the state. The UCC is a set of laws that govern the sale of goods and other commercial transactions in North Carolina.
If the lienholder decides to repossess the vehicle, they must follow the legal procedures set forth by the state of North Carolina. Once the vehicle has been repossessed, the lienholder has the right to sell the vehicle in order to recover the outstanding loan balance.
How Does a Petition to Obtain Possession Work?
In North Carolina, a lienholder’s petition to obtain possession of a motor vehicle involved in a crime would typically be filed in the county where the charges are pending. The lienholder petition will need to reference the criminal case number and the civil lienholder petition will be calendared during a criminal session since it is ancillary to the criminal charge. Upon entry, the order will be provided to the creditor and a vendor could then repossess the motor vehicle from the impound lot where it’s being held.
It’s important to note that the petition should be filed prior to the completion of the criminal case. If the criminal charges are dismissed for any reason, the lienholder petition will also be dismissed or denied by the Court. If the charges were dismissed and the debtor has made all of their payments, there would likely be no default under the terms of the contract.
What Information Does a Petition to Obtain Possession Need?
In North Carolina, a petition for possession of a motor vehicle is a legal document filed with the court to request an order directing the person or entity in possession of the vehicle to turn it over to the petitioner. The petition should include the following information:
- The name and contact information of the petitioner (the person filing the petition).
- The name and contact information of the respondent (the person or entity in possession of the vehicle).
- A vehicle description, including the make, model, year, and vehicle identification number (VIN).
- The reason the petitioner is entitled to possession of the vehicle.
- Any relevant supporting documentation, such as a copy of the title or registration for the vehicle.
- A request for the court to order the respondent to turn over possession of the vehicle to the petitioner.
How Can a Creditor’s Rights Lawyer Help Me?
A creditor’s rights lawyer like those at Crawford & von Keller, LLC, represents creditors in legal proceedings, including vehicle repossessions. Creditor’s rights lawyers protect their client’s interests, which can involve negotiating payment plans, representing the creditor in court, and pursuing legal action to recover debts. Creditor’s rights lawyers also advise creditors on their rights and options for collecting debts and help them develop strategies for recovering debts more effectively.
A creditor’s rights lawyer can assist with a petition to obtain possession of a motor vehicle by representing the creditor in court and advocating for the creditor’s right to take possession of the vehicle. This may involve drafting and filing the petition, gathering evidence to support the creditor’s claim, and negotiating with the debtor or their attorney to try to reach a resolution. If the matter goes to trial, the lawyer can also represent the creditor in court and present the creditor’s case to the judge.
It is important to note that the specific steps involved in obtaining possession of a motor vehicle through a petition may vary depending on the laws and procedures of the jurisdiction in which the petition is filed. That’s why you should consult with a lawyer familiar with North Carolina’s laws and procedures to ensure that the petition is filed correctly and to maximize your chances of success. Crawford von Keller, LLC is a full-service creditor’s rights firm that provides personal service and individual attention to clients like you. Call us or contact us online to discuss your situation and how we could help.