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Bankruptcy, Liens & Credit Bankruptcy is a legally declared inability or impairment of ability of an individual or organizations to pay their creditors.
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Old 07-08-2008
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Default Being Sued for Balance on Repo

KANSAS

I'm being sued for the balance owed on a vehicle that was repossessed. My loan contract states that in the event of repossession that I'm entitled to claim my personal property including property attached to the vehicle if the bank does not have a security intrest in the property. I was told by the bank that I could not claim the property that was attached to my vehicle. I have receipt for most of the property valued at around $5,000 and would like to be paid the value of the property.

My loan contract states the following:
"Secured Party may take immediate possession of the Collateral without judicial process or noticd, other than notice required by applicable law, and may take the Collateral from Debtor's property or the proerty where the Collateral is stored, so lonog as such taking is done without entry into a dwelling and without the use of force or other breach of the peace. If personal property in which Secured Party does not have a security intrest is located in or attached to the Collateral, Secured Party may take such personal property without liability and store it for the debtor. Such personal property will be disposed of by Secured Party if it is not claimed by Debtor within 30 days after it is taken."

The items that were not recovered was stereo equipment and wheels/tires on the vehicle. I had all the factory original equipment to put back in the car. The lady at the bank refused to allow me to recover any stereo equipment including subwoofer speaker and amps that were NOT attached to the vehicle.

The vehicle has been sold with the equipment on it. I do have receipts for most of the equipment showing a monetary value. I'm trying to determine what exactly property that is "attached" includes. I've had people say "would you want your engine back if you put a new engine in?" the answer is No. The items I had in and attached to the vehicle were easily swappable back to factory standards without changing anything from how it was when I first purchased the vehicle. I know that many banks/creditors do no allow you to take back property like wheels/tires off a repo vehicle but my contract specifically says I'm able to.
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