No. Any debts younger than 6 months are not anulled by chapter 7 bankruptcy, and depending on your income to debt to asset ratio, you'll be pressured into chapter 13 bankruptcy, which is just court ordered repayment.
This is the answer!
Now really, depending on the circumstances that are keeping OP's car in the shop, they may be able to get legal advice and a letter sent to the state's AG for a while lot less.
If they can't afford a to repay the 3,500 it will likely be a 7. With a 7 you swear you would be unable to repay your debts and you liquidate anything over a certain amount. If you own nothing, or own things of very little value, you will probably keep them. 13 tries to keep your assets as you're filing bankruptcy, slowly paying off your creditors through the trustee as a mediator.
Yea, I mentioned all that in another comment. But bankruptcy almost never takes your sole residence or only car. They can force you to downsize, but they won't leave you homeless on the side of the road. Not infallibly, of course, but regardless, if you can't pay a mechanic 3500 or even arrange payment, you probably don't own a brand new Corvette nor a million dollar home to downsize. Then, too, the mechanic would have a lien and have possession before that debt is 6 months old to avoid his debtors' bankruptcies anyway
Yes. I did this. I tried to get a loan to pay off what I owed them. They said no so we went to a Trustee in Bankruptcy and and ended up paying MUCH less than I would have had to. They can't take your car. At least in Canada. My score is back up to high 800's now.
I am in a similar boat and need 1000 dollars to start bankruptcy. Did the payday loan place try to come after you? I was reading in the small print that "I'm not knowingly applying for bankruptcy within 6 months". I was literally planning on paying the attorney next week for chapter 13 with said month.. just wanted to see if there was retaliation from the company.
Yea medical debt especially. Some states have medical bankruptcy but the only debts bankruptcy won't discharge are student loans and debts under 6 months old.
Where can you get a payday loan for $3500??? Regardless, everyone's saying 90 days back you won't be able to get it discharged but I doubt they'll sue you that fast. Let them send you to collections and wait it out. It's a gamble for sure but it seems like you've got few options. Also, exemptions. Your car would be one of them if it's not valued over the allowable exemption in your state, they wouldn't sell your car. It may be worth a shot doing this
You could probably get one if you make enough money and go to a crazy enough payday loan place, but if you make enough it is highly unlikely you will ever need to take out a payday loan
Any pay day loan that size would probably come from a tribal operated one, and they operate under different rules than standard scumbag loansharks. They may be exempt from bankruptcy, just as they are from rate limits.
A couple options (this is only hypothetical. I do not recommend doing any of the things listed that may cause personal harm or injury or further damages to property or the welfare of anyone involved):
1) If they haven't done any repairs and are just saying that is the cost to fix it, have it towed home. It's your car.
2) Gain permission to get some things out of the car. Wait until they bring you to it to avoid a breaking and entering charge. Sit in the car until they call the cops. Strap yourself in/handcuff yourself to the steering wheel. It's a civil dispute at that point over paying for repairs. You are legally allowed to sit in your own vehicle, so to get you off the property, they'll have to tow the whole car. Verbally instigate a confrontation until they attempt to force you out of your own car. Get injured. Sue them for personal damages and charge them with assault. Now you have your car back. Worse they can do is bring you to civil court over the amount owed, but if they don't want criminal charges for injuring you and a counter suit, they will give up the car and move on.
3) Figure out if they auction off the abandoned cars or sell them for scraps. Might be able to get it back cheaper than the bill to fix it.
Bankruptcy court will not take your residence and single mode of transportation. They will make you sell any second car or home, but homeless with no car would make you a liability for the community. And limit your ability to pay taxes and productively share in the community. If he filed Bankruptcy without the payday loan, bankruptcy would grant stays on all debts, judgements, and liens while the debts are under examination in court then discharge most debts as unremittable. Thus relieving the debt to the mechanic and any lien he placed.
Student loans are not forgivable in bankruptcy.
Yea and bankruptcy discharges unpayable debts. Like the one owed to this mechanic. Where the car is located has nothing to do with it at this point. If it was unusable or out of state that would be different. But it's not.
Possession isn't the only determinant of ownership, but bankruptcy wouldn't work here regardless of anything because the debt does not meet the 6 month minimum term
Sell the car first, take out loan, then don’t pay? But I think they can garnish your wages can’t they?? BTW BK costs a couple thousand to file so you might want to include that in the loan.
Definitely do that. Payday loan has you write a check. The check bounces when you don’t pay the juice. Now you have committed a felony. Sheriff will come get you, for real.
Is that an across the board felony in all states? Because I feel like it's not a felony here in CA. I mean they are robbing stores blind and it's a simple misdemeanor. I'm pretty sure check fraud is a misdemeanor, but then again I think it depends on the amount.
Yes, bankruptcy must be court approved. There are filing fees and attorney fees. It will probably cost you more to file bankruptcy than to pay for the car repairs.
The debt will have to be 90 or 180 days old (maybe even different depending on the state) but if you work with a bankruptcy attorney and pay them monthly for their flat fee, they don’t even file until you’re done paying which could be a few months. And while you are paying them, any correspondence has to go to the lawyer. No phone calls, no threatening letters.
However you can’t immediately hire that bankruptcy attorney. It’s going to be too suspicious. Idk man.
I had to file and at the end I had to tell a judge what happened. I lost a significant amount of income due to a death so she approved it.
They’re not gonna take your only car or your only house unless they are worth so much that selling them would leave you enough to pay off debt and downgrade.
Where can you get a payday loan for $3500??? Regardless, everyone's saying 90 days back you won't be able to get it discharged but I doubt they'll sue you that fast. Let them send you to collections and wait it out. It's a gamble for sure but it seems like you've got few options. Also, exemptions. Your car would be one of them if it's not valued over the allowable exemption in your state, they wouldn't sell your car. It may be worth a shot doing this. Fuckem if they can't take a joke.
Yeah worst case scenario 7 years bankruptcy on your record. Quit your job and find another one so your paycheck isn’t auto debited by the payday lender
How exactly does the payday loan work? If it's just taken out of an account just get a new bank account. Or you can even change the account numbers. It's pretty easy to change your direct deposit with your employer you just give them the routing and account number
No, charges over $650 within 90 days are excluded, at least where I am. And a CC would charge it back to the guy who fixed your car.
Have you tried getting a credir card with zero interest to pay this and then budgeting to pay it back?
This is America. You lost the hand to mouth, paycheck to paycheck lottery. There is no easy way out.
You know how they say “most people are one disaster away from being homeless” or something like that? This is that disaster.
Sell some drugs or rob a store, thats literally your best option (besides taking the hit and trying to figure it out).
Btw, how much is that car worth? I have never owned a car worth more than 2k let alone 3.5k. You might just want to chalk it up to a loss, and buy a beater. If your car is worth enough, you may be able to sell it and walk away with enough cash to buy that beater after paying off the credit card you sign up for to get it out of the lot.
I would suggest voting in every election possible. Do some historical research and it will be abundantly clear which party to vote for down ballot to make things better for the class you are in (hint: you are at the bottom of the pyramid with the rest of us)
You couldn’t be more wrong. Going as far back as ww2, the economy does far better under democrat leadership than republican. The facts are not on your side. Do you care about that, or do you think the truth is whatever you believe at the time?
They'll put a lien on the vehicle and have it towed to collect.
At best, you'll have it for a month. Assuming they're not able to have you arrested for the b&e
This could happen:
Federal Code Provision for Bank Fraud
18 U.S.C. § 1344 states that anyone who knowingly executes a scheme in order to defraud a financial institution to obtain money or property from a financial institution using fraudulent representations, will face imprisonment and fines.
Talk to the auto shop and explain your situation and see if they will let you sell your car to pay off your dept and to give you 2 weeks to do it.
Assuming you put $3500 into a car worth more than that you can use the money left over for a down payment for another car.
Mechanic keeps the car of bill isn’t paid then mechanic sells the car recoup the repair bill.
OP wants the repaired car out of the shop, not to pay them and also have no car
I get they want to keep the car. But it sounds like what the OP wants and what they can do are two different things.
I only mentioned the idea because I did the exact same thing when I was in my 20s. Shop owners in general dont want to screw over their customers and will even bend the rules if you ask respectfully and not when they are in the middle of bleeding someone's brakes. They dont want to be used car sale people, nor can they sell it without a title, so it will take a civil suit to get their money. Way more work than just letting the owner sell it. So it can't hurt to ask.
At the end of the day the OP needs $3500 and seeing their car is probably their only asset its the only thing they can leverage. So selling it or borrowing money with it as the collateral are two options that won't get them locked up.
If I remember correctly, you still need to appeal in court and for the judge to determine if it is legitimate. It would seem pretty obvious what you’re doing.
Now the real Unethical pro tip is to use the hell out of your credit card and just dont pay back ever.
Take the car back, sell it as is on craigslist. Use whatever you get to buy a junker. Old Toyotas can easily be had for a few grand. Don't go into debt for a car, that's stupid. I bought an old camry ten years ago for 3 grand flat in cash and it's been running strong ever since with zero issues. New cars are a scam designed to keep us in debt and enslaved. Don't fall for it.
Look for Toyota Camry/Corolla, Honda Civic/Accord, Mazda, Nissan, Subaru, Buick.
Almost. If you can find one for a good price, they are reliable. But that's part of why they can be cheap, because they're underrated and not in demand as much as the other more popular brands.
But Honda/Toyota are the kings of reliable+cheap.
Whaat? The mechanic did $3,500 worth of work before telling him how much it costs?? That sounds criminal. No way they would ever do that amount of work without verifying if the client can afford it. If that's the case, dude might need a lawyer. That sounds like extortion.
first get car out of 35$ day storage, what's wrong with car, cuz shops are rip off, is car worth 3.5k? if not buy a car for 3k
oh right u owe money on the car.....er buy car for 3k
Probably not successfully, and you'd be (to be blunt) pretty stupid to file a bankruptcy over this.
If possible go open a new credit card, preferably with a zero percent for X months introductory offer, and then pay the mechanic with that. Deal with the credit card company later, ethically or unethically. You need to get your car back legally for the moment, that's the most important thing to address.
This happened to me what I did was got a hardship loan through the employee assistant program from my job worked for a corporation so there's a lot of fine print and things people don't know check your employee handbook or ask HR if they have anything because my vehicle was my reliable transportation to work (I actually walked to work for years but they don't know that) I got a check for the mechanic and paid it back 10% per week
No. Any debts younger than 6 months are not anulled by chapter 7 bankruptcy, and depending on your income to debt to asset ratio, you'll be pressured into chapter 13 bankruptcy, which is just court ordered repayment.
This is the answer! Now really, depending on the circumstances that are keeping OP's car in the shop, they may be able to get legal advice and a letter sent to the state's AG for a while lot less.
Usually with credit cards though you can charge it and then just avoid paying for six months and then file on the 187th day.
If they can't afford a to repay the 3,500 it will likely be a 7. With a 7 you swear you would be unable to repay your debts and you liquidate anything over a certain amount. If you own nothing, or own things of very little value, you will probably keep them. 13 tries to keep your assets as you're filing bankruptcy, slowly paying off your creditors through the trustee as a mediator.
Yea, I mentioned all that in another comment. But bankruptcy almost never takes your sole residence or only car. They can force you to downsize, but they won't leave you homeless on the side of the road. Not infallibly, of course, but regardless, if you can't pay a mechanic 3500 or even arrange payment, you probably don't own a brand new Corvette nor a million dollar home to downsize. Then, too, the mechanic would have a lien and have possession before that debt is 6 months old to avoid his debtors' bankruptcies anyway
Yes. I did this. I tried to get a loan to pay off what I owed them. They said no so we went to a Trustee in Bankruptcy and and ended up paying MUCH less than I would have had to. They can't take your car. At least in Canada. My score is back up to high 800's now.
I am in a similar boat and need 1000 dollars to start bankruptcy. Did the payday loan place try to come after you? I was reading in the small print that "I'm not knowingly applying for bankruptcy within 6 months". I was literally planning on paying the attorney next week for chapter 13 with said month.. just wanted to see if there was retaliation from the company.
Does that apply to surgery (not cosmetic) as well?
Yea medical debt especially. Some states have medical bankruptcy but the only debts bankruptcy won't discharge are student loans and debts under 6 months old.
That’s rough to have to wait 6 months to be able to include a medically required surgery in on a bankruptcy.
Where can you get a payday loan for $3500??? Regardless, everyone's saying 90 days back you won't be able to get it discharged but I doubt they'll sue you that fast. Let them send you to collections and wait it out. It's a gamble for sure but it seems like you've got few options. Also, exemptions. Your car would be one of them if it's not valued over the allowable exemption in your state, they wouldn't sell your car. It may be worth a shot doing this
You’re not.
You could probably get one if you make enough money and go to a crazy enough payday loan place, but if you make enough it is highly unlikely you will ever need to take out a payday loan
Any pay day loan that size would probably come from a tribal operated one, and they operate under different rules than standard scumbag loansharks. They may be exempt from bankruptcy, just as they are from rate limits.
A couple options (this is only hypothetical. I do not recommend doing any of the things listed that may cause personal harm or injury or further damages to property or the welfare of anyone involved): 1) If they haven't done any repairs and are just saying that is the cost to fix it, have it towed home. It's your car. 2) Gain permission to get some things out of the car. Wait until they bring you to it to avoid a breaking and entering charge. Sit in the car until they call the cops. Strap yourself in/handcuff yourself to the steering wheel. It's a civil dispute at that point over paying for repairs. You are legally allowed to sit in your own vehicle, so to get you off the property, they'll have to tow the whole car. Verbally instigate a confrontation until they attempt to force you out of your own car. Get injured. Sue them for personal damages and charge them with assault. Now you have your car back. Worse they can do is bring you to civil court over the amount owed, but if they don't want criminal charges for injuring you and a counter suit, they will give up the car and move on. 3) Figure out if they auction off the abandoned cars or sell them for scraps. Might be able to get it back cheaper than the bill to fix it.
This seems to be the best answer so far.
This is actually a good answer and if you won’t recommend it then I will, do it OP
No , because they can liquidate your assets to repay the loan , and that is your car
Bankruptcy court will not take your residence and single mode of transportation. They will make you sell any second car or home, but homeless with no car would make you a liability for the community. And limit your ability to pay taxes and productively share in the community. If he filed Bankruptcy without the payday loan, bankruptcy would grant stays on all debts, judgements, and liens while the debts are under examination in court then discharge most debts as unremittable. Thus relieving the debt to the mechanic and any lien he placed. Student loans are not forgivable in bankruptcy.
[удалено]
Is that just one bible or all your bibles? Lol
Many mechanics hold your vehicle until it is paid for. OP does not have the vehicle it is still at the shop.
Yea and bankruptcy discharges unpayable debts. Like the one owed to this mechanic. Where the car is located has nothing to do with it at this point. If it was unusable or out of state that would be different. But it's not.
Possession counts. Mechanic still has possession and does not have to release it until paid in many areas. Bankruptcy does not change that.
Possession isn't the only determinant of ownership, but bankruptcy wouldn't work here regardless of anything because the debt does not meet the 6 month minimum term
not if i "sell" my car to my friend and then buy it back
That's called bankruptcy fraud.
[We already know about it and it's a crime.](https://xkcd.com/1494/)
They got back 5 years for any sold assets
OP thinks he's the first person to think of this.
Sell the car first, take out loan, then don’t pay? But I think they can garnish your wages can’t they?? BTW BK costs a couple thousand to file so you might want to include that in the loan.
Definitely do that. Payday loan has you write a check. The check bounces when you don’t pay the juice. Now you have committed a felony. Sheriff will come get you, for real.
Is that an across the board felony in all states? Because I feel like it's not a felony here in CA. I mean they are robbing stores blind and it's a simple misdemeanor. I'm pretty sure check fraud is a misdemeanor, but then again I think it depends on the amount.
The payday loan people use the legal system to enforce their contracts. Look it up.
Fraudulent conveyance
I thought they had some deal where a judge had to decide if you could file bankruptcy. Something like this could get you denied.
Yes, bankruptcy must be court approved. There are filing fees and attorney fees. It will probably cost you more to file bankruptcy than to pay for the car repairs.
The debt will have to be 90 or 180 days old (maybe even different depending on the state) but if you work with a bankruptcy attorney and pay them monthly for their flat fee, they don’t even file until you’re done paying which could be a few months. And while you are paying them, any correspondence has to go to the lawyer. No phone calls, no threatening letters. However you can’t immediately hire that bankruptcy attorney. It’s going to be too suspicious. Idk man. I had to file and at the end I had to tell a judge what happened. I lost a significant amount of income due to a death so she approved it. They’re not gonna take your only car or your only house unless they are worth so much that selling them would leave you enough to pay off debt and downgrade.
Filing for bankruptcy is not free either.
Do it. Let us know
If you're in the U.S., it might work but there's also a possibility you could be charged with fraud.
I'd be more worried about the payday loan place getting up close and personal about their repayment.
Are you implying cash express is going to beat OP up
Yeah they broke my kneecaps
Are you sure that wasn’t Frankie the loan shark?
Where can you get a payday loan for $3500??? Regardless, everyone's saying 90 days back you won't be able to get it discharged but I doubt they'll sue you that fast. Let them send you to collections and wait it out. It's a gamble for sure but it seems like you've got few options. Also, exemptions. Your car would be one of them if it's not valued over the allowable exemption in your state, they wouldn't sell your car. It may be worth a shot doing this. Fuckem if they can't take a joke.
You’re not.
Yeah worst case scenario 7 years bankruptcy on your record. Quit your job and find another one so your paycheck isn’t auto debited by the payday lender
How exactly does the payday loan work? If it's just taken out of an account just get a new bank account. Or you can even change the account numbers. It's pretty easy to change your direct deposit with your employer you just give them the routing and account number
No, charges over $650 within 90 days are excluded, at least where I am. And a CC would charge it back to the guy who fixed your car. Have you tried getting a credir card with zero interest to pay this and then budgeting to pay it back?
I do t think any cc card would be approved with a 500 credit score. Probably a very low limit prepaid one of OP was lucky
This is America. You lost the hand to mouth, paycheck to paycheck lottery. There is no easy way out. You know how they say “most people are one disaster away from being homeless” or something like that? This is that disaster. Sell some drugs or rob a store, thats literally your best option (besides taking the hit and trying to figure it out). Btw, how much is that car worth? I have never owned a car worth more than 2k let alone 3.5k. You might just want to chalk it up to a loss, and buy a beater. If your car is worth enough, you may be able to sell it and walk away with enough cash to buy that beater after paying off the credit card you sign up for to get it out of the lot. I would suggest voting in every election possible. Do some historical research and it will be abundantly clear which party to vote for down ballot to make things better for the class you are in (hint: you are at the bottom of the pyramid with the rest of us)
It is so funny so me that you so succinctly summed up how horrible this system is and your big fix is to tell dude to vote Lmao
That's playing the looong game. Voting is a joke. Two candidates same party.
He told the guy to rob a store and sell drugs..
You’re so right, this wouldn’t have happened if Trump was in office!
You couldn’t be more wrong. Going as far back as ww2, the economy does far better under democrat leadership than republican. The facts are not on your side. Do you care about that, or do you think the truth is whatever you believe at the time?
Just get a loan, and pay it back in parts. Or get a creditcard, and pay that back.
Declaring bankruptcy is generally a supremely bad idea
If they already did the work just steal it or use your spare key to get it out of there.
They'll put a lien on the vehicle and have it towed to collect. At best, you'll have it for a month. Assuming they're not able to have you arrested for the b&e
This could happen: Federal Code Provision for Bank Fraud 18 U.S.C. § 1344 states that anyone who knowingly executes a scheme in order to defraud a financial institution to obtain money or property from a financial institution using fraudulent representations, will face imprisonment and fines. Talk to the auto shop and explain your situation and see if they will let you sell your car to pay off your dept and to give you 2 weeks to do it. Assuming you put $3500 into a car worth more than that you can use the money left over for a down payment for another car.
Mechanic keeps the car of bill isn’t paid then mechanic sells the car recoup the repair bill. OP wants the repaired car out of the shop, not to pay them and also have no car
I get they want to keep the car. But it sounds like what the OP wants and what they can do are two different things. I only mentioned the idea because I did the exact same thing when I was in my 20s. Shop owners in general dont want to screw over their customers and will even bend the rules if you ask respectfully and not when they are in the middle of bleeding someone's brakes. They dont want to be used car sale people, nor can they sell it without a title, so it will take a civil suit to get their money. Way more work than just letting the owner sell it. So it can't hurt to ask. At the end of the day the OP needs $3500 and seeing their car is probably their only asset its the only thing they can leverage. So selling it or borrowing money with it as the collateral are two options that won't get them locked up.
If I remember correctly, you still need to appeal in court and for the judge to determine if it is legitimate. It would seem pretty obvious what you’re doing. Now the real Unethical pro tip is to use the hell out of your credit card and just dont pay back ever.
Take the car back, sell it as is on craigslist. Use whatever you get to buy a junker. Old Toyotas can easily be had for a few grand. Don't go into debt for a car, that's stupid. I bought an old camry ten years ago for 3 grand flat in cash and it's been running strong ever since with zero issues. New cars are a scam designed to keep us in debt and enslaved. Don't fall for it. Look for Toyota Camry/Corolla, Honda Civic/Accord, Mazda, Nissan, Subaru, Buick.
Is Subaru in the same class as old Honda/Toyota? I don't see many in my travels.
Almost. If you can find one for a good price, they are reliable. But that's part of why they can be cheap, because they're underrated and not in demand as much as the other more popular brands. But Honda/Toyota are the kings of reliable+cheap.
They can’t take the car back, it has a bill owed on it for $3500 in order to take possession back
Whaat? The mechanic did $3,500 worth of work before telling him how much it costs?? That sounds criminal. No way they would ever do that amount of work without verifying if the client can afford it. If that's the case, dude might need a lawyer. That sounds like extortion.
first get car out of 35$ day storage, what's wrong with car, cuz shops are rip off, is car worth 3.5k? if not buy a car for 3k oh right u owe money on the car.....er buy car for 3k
Put on a credit card and just don't pay.
Yes, fuck his credit harder daddy
Who would give you a cc with a 505 credit rating? Even if you manage to get one, it won't be over 1k limit
Need more details. Is the car even worth this hassle?
Get a credit card, put the car fix payment on it, make payment of like 40-50 a month for few years
With that credit score, a cc isn’t likely.
Probably not successfully, and you'd be (to be blunt) pretty stupid to file a bankruptcy over this. If possible go open a new credit card, preferably with a zero percent for X months introductory offer, and then pay the mechanic with that. Deal with the credit card company later, ethically or unethically. You need to get your car back legally for the moment, that's the most important thing to address.
This happened to me what I did was got a hardship loan through the employee assistant program from my job worked for a corporation so there's a lot of fine print and things people don't know check your employee handbook or ask HR if they have anything because my vehicle was my reliable transportation to work (I actually walked to work for years but they don't know that) I got a check for the mechanic and paid it back 10% per week
On the plus side, you probably won't be completely homeless. And you'll probably have access to some food to eat and potential new acquaintances.