How can a Creditor obtain Court approval to repossess my vehicle or other similar asset?
Creditors must file a Motion with the Court and schedule it for hearing before a Judge to obtain Court permission to go forward with a repossession. (The Motions are generally titled, Motion for Relief from Automatic Stay.) If a Creditor elects to file such a Motion, the Creditor must file the original copy of the Motion with the Court, and mail a copy to you and a copy to our offices. Be assured that we will receive a copy of any Motion you receive from any Creditor at the same time you do. If you Desire to Surrender the Vehicle or Other Asset – If you have informed us of your desire to return to the secured creditor the vehicle or other asset addressed in their Motion, we will not oppose the Motion and any hearing scheduled on the Motion will be cancelled within approximately18 days from the date the Motion was mailed out. You will not need to attend the hearing. The Motion will be granted based on your non-opposition, and the Creditor will be free to repossess the vehicle or asset (
