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It was useless to call the police. If it is useless, the public security organs will not accept it. The car is a mortgaged car, and the act of being driven away by the owner does not constitute a case, it is a contract dispute, and it does not fall within the jurisdiction of the public security organs, and the public security organs will not accept it.
In this case, you need to file a lawsuit in court to claim the repayment of the arrears or the return of the mortgaged vehicle, and to compensate for the losses caused by the owner driving away the vehicle.
Extended information: put the car here to guarantee it, this is not a mortgage, this is a pledge, the pledge is based on delivery, if it is given to the debtor again, the pledge does not exist, that is to say, the debt is not guaranteed;
Secondly, you give the car to the other party, although you just want it to be used, and let him return it in the future, but how do you prove that this is not an expression of your true meaning, so it is useless to call the police, this is a general civil dispute, the police don't care, if the other party stole it and took it, it doesn't matter;
Finally, even if you don't have a car, it only means that you have no guarantee for his claim, but it does not mean that the claim itself is gone, so if the debt is due and the debtor fails to fulfill the debt, you can still sue the court for repayment.
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First of all, he put the car here to guarantee you, this is not a mortgage, this is a pledge, the pledge is based on delivery, if it is given to the debtor again, the pledge does not exist, that is to say, the debt is not guaranteed;
Secondly, you give the car to the other party, although you just want it to be used, and let him return it in the future, but how do you prove that this is not an expression of your true meaning, so it is useless to call the police, this is a general civil dispute, the police don't care, if the other party stole it and took it, it doesn't matter;
Finally, even if you don't have a car, it only means that you have no guarantee for his claim, but it does not mean that the claim itself is gone, so if the debt is due and the debtor fails to fulfill the debt, you can still sue the court for repayment.
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As long as it is a regular pawnshop or a qualified interest organization, the mortgage is carried out by legal means, and the original owner drives away the vehicle is an illegal act, and the pawnshop can call the police or protect its legitimate rights and interests through litigation.
The car is a mortgaged car, during the lien period, the owner has no ownership of the vehicle, drives the vehicle without authorization, is suspected of violating the contract law and property law, in this case, the pawnshop can go to the court to file a lawsuit, claiming to repay the arrears or return the mortgaged vehicle, and compensate for the losses caused by the owner driving away the vehicle.
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Excuse me, is it mortgaged to you?
It's not mortgaged to the bank, is it.
Questions. When I took out a mortgage, it was paid to a high-interest mortgage company, I didn't pay the interest and money, and then I sold it for me, I went to drive the car back, is it useful for the other party to call the police, the car is still in my name.
It's useless. Usury is not protected by law.
And the other party sold the car without your consent.
Questions. It means that I will be fine when I go to drive back, although you can drive back, but for the sake of unnecessary trouble, it is recommended that you take the initiative to choose to call the police first. You are the owner of this car, and it is illegal for him to take it to pay off his debts. Let the police handle it!
Changing from passive to active can not only solve your loan shark matter, but also maybe the loan shark will be caught, you don't have to pay back the money, and you can get your car back.
Questions. Can I go and drive back to commit theft and fraud?
does not constitute. You relax.
Questions. I went to report it to the police and didn't accept it.
Instead, they broke the law.
Questions. But it's been more than three years, and I'm afraid of accidents.
If you're afraid of traffic friction, bring someone who is skilled in driving.
You just have your driver's license and driver's license.
Questions. Okay thank you.
You're welcome, please praise Xiaotao.
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Legal Analysis: Calling the police is useless. The public security organ will not accept it, the car is a mortgaged car, and the act of being driven away by the owner does not constitute a case, it is a contract dispute, and it does not fall within the jurisdiction of the public security organ, and the public security organ will not accept it.
In this case, you need to file a lawsuit in court to claim repayment of the arrears or return of the mortgaged vehicle, and compensate for the losses caused by the owner driving away the vehicle, and the vehicle can be bought and sold during the mortgage period, but the mortgagee needs to be notified.
Legal basis: Article 406 of the Civil Code of the People's Republic of China During the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement.
If the mortgaged property is transferred, the mortgage right shall not be affected. Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance.
The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.
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Summary. Useful, the mortgage car is not in default during the mortgage period, it is an illegal act, this behavior can be solved by calling the police, if the outstanding loan has been thrown beyond the specified mortgage period, the other party can take back the ownership and sell.
Useful, the mortgage car during the mortgage period without default is privately **, is an illegal act, this behavior can be solved by the police, such as the fight before the fruit has exceeded the specified mortgage period to throw the base to repay the loan, then the repentant party can recover the ownership, for sale.
Civil Code Law of the People's Republic of China Article 89 In accordance with the provisions of the law or in accordance with the agreement of the parties, the performance of the debt may be guaranteed in the following ways: 1. The guarantor guarantees to the creditor that the debtor will perform the debt, and if the debtor fails to perform the debt, the guarantor shall perform or bear joint and several liability in accordance with the agreement; The guarantor has the right to recover from the debtor after performing the debt. 2. The debtor or a third party may provide a certain amount of property as collateral.
If the debtor fails to perform its debts, the creditor shall have the right to be repaid in priority in accordance with the provisions of the law at a discount of the collateral or the price of the sale of the collateral. 3. One of the parties may pay a deposit to the other party within the scope prescribed by law. After the debtor performs the debt, the deposit shall be offset against the price or recovered.
If the party who pays the deposit fails to perform the debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform its debts, it shall return double the deposit. 4. If one party takes possession of the other party's property in accordance with the contract, and the other party fails to pay the amount payable in accordance with the contract beyond the agreed period, the person in possession has the right to retain the property, and in accordance with the provisions of the law, the property shall be discounted or the price of the property sold by a stool shall be repaid in priority.
I am a mortgage car, trapped because the loan money was not right, in the middle of the service will not be repaid, on February 24 this year by the small loan company to drive the car away to talk about the stall, now the car in this Ning Chaoyang illegal luck, I can call the police locally no.
I can drive the car back no.
Please. You can call the police.
What to say when calling the police.
The mortgage car has not defaulted during the mortgage period, which is an illegal act, and this behavior can be solved by calling the police.
What to say when calling the police.
112 or 110
And you were towed away because you overtook the car?
Is it. The loan money is not right. Can you explain.
When calling the police, you should explain the basic information of the call for help, such as the time, place, cause or reason, location at the time, etc. When telling the situation, try to overcome anxiety, speak clearly, do not exaggerate and distort, and reflect truthfully. For major police cases, it is best for the police sock savages to provide more detailed information, such as the number of people involved in the case (discovered), the physical characteristics of the people involved, the items with round limbs and the direction of escape.
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1.The mortgage company requires a legal process, and you can bring back the private property in Chachama.
2.You can negotiate with the other party, and if the negotiation fails, you can file a lawsuit in court.
3.It is useless to call the police, hurry up and repay the loan to solve it. Hui Wei can find a lawyer to help him.
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Legal analysis: If the car is mortgaged by someone else, you can call the police.
Legal basis: Civil Code of the People's Republic of China
Article 394:Where the debtor or a third party does not transfer possession of the property in order to guarantee the performance of the debt, but mortgages the property to the creditor, and the debtor fails to perform the debts due or the parties agree to realize the mortgage rights, the creditor shall have the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.
Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged: (1) buildings and other land attachments; (B) the right to use construction land; (3) the right to use maritime space; (4) Wheel suspicion to accompany production equipment, raw materials, semi-finished products, and products; (5) Buildings, ships, and aircraft under construction; (6) means of transportation; (7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.
Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee.
Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.
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After all, the other party is still the owner of the vehicle, and the owner's act of driving the vehicle away without authorization does not belong to the purpose of illegal possession in the legal sense, and generally this situation is not treated as theft.
Article 18 of the Provisions on the Registration of Motor Vehicles in the Dust and Silver Collision with Motor Vehicles has been transferred, and the owner of the motor vehicle shall apply to the vehicle administration office at the place of registration for transfer registration within 30 days from the date of delivery of the motor vehicle. Article 19 Where an application is made for transfer of registration, the current owner of the motor vehicle shall fill in an application form, submit the motor vehicle for inspection, and submit the following certificates and vouchers: (1) The identity certificate of the current owner of the motor vehicle; (2) Proof and voucher of the transfer of ownership of motor vehicles; (3) Motor vehicle registration certificate; (4) Motor vehicle driving license; (5) For motor vehicles under customs supervision, the Certificate of Release of Supervision of Vehicles under Customs Supervision of the People's Republic of China or the transfer certificate approved by the Customs shall also be submitted; (6) If the motor vehicle has exceeded the validity period of the inspection, the motor vehicle safety and technical inspection certificate and the compulsory insurance certificate of traffic accident liability shall also be submitted.
It is possible to review it annually. Only a copy of the original owner's ID card, vehicle driving license, and vehicle insurance policy are required. If the annual examination is conducted in a different place, a certificate of entrustment of the car can be issued.
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