Q: can a ucc lien enforcement company seize a personal vehicle if it has an outstanding loan.
State of tn with no judgement or court proceedings. Loan on the vehicle is not associated with business or ucc lein
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: If the loan is on the vehicle, then it is probably listed on the title. If not, then creditor may have a judgment against you that you do not know about which was levied. Otherwise you may have to sue lender for conversion, which will counterclaim your debt.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If your personal vehicle has an outstanding loan that's not associated with a business or a UCC lien, a UCC lien enforcement company typically cannot seize it without proper legal procedures. In Tennessee, repossession of personal property usually requires either the lender's direct action or a court order. Without a judgment or court proceedings, seizing your vehicle might not be lawful.
UCC liens generally apply to business assets or personal property used as collateral in commercial transactions. Since your vehicle loan isn't tied to a business or a UCC lien, the enforcement company may not have the authority to repossess it. The lender who holds the loan on your vehicle has specific rights, but those are separate from UCC lien enforcement.
It's important to understand your rights and protections under Tennessee law. If someone is attempting to seize your vehicle without proper authorization, you may need to take action to protect your property. Consider reaching out to a legal professional to discuss your situation and explore your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
