In some cases, if the loan company did not have a legal right to repossess the car, truck, boat, or other item of value you may have a rights to seek compensation and/or damages against the loan company. Its always best to communicate with your lender and discuss payment arrangements to try to avoid repossession. JOHN W. ROPER It may also be unlawful for a repossession company to enter into a restricted area to perform an act of repossessing your car, boat, or other item of value. My Car Was Repossessed Without Notice - Here's What to Do! The actions that a repossession company can take when seizing a vehicle are limited by this provision. Under the law, if the car, truck, boat, or other item of value that was repossessed and contained personal items or professional materials, the repossession company or loan company must give these items back to you. Feb. 27, 2023, 2:00 AM PST. Chapter 7 Bankruptcy Do you qualify, how to file, A Foreclosure Lawyer Can Help Save Your Home, We Can Help You Avoid Foreclosure with a Mortgage Loan Modification, Galler Law Can Help with Student Loan Debt Settlement, Get the Foreclosure Help You Need at Galler Law. Yes. What is an illegal repossession. Another thing that constitutes a wrongful repossession is when the repossession agent or the creditor breaches the peace in repossessing the vehicle. GEORGIA LAW ON CAR REPOSSESSION. Filing bankruptcy can stop the sale and force your car creditor to return it to you. If you hide the car to prevent the creditor from repossessing it, they may seek criminal prosecution. By Jane C. Timm. Were Over 600,000 Honda and Acura Models Voluntarily Recalled for Allegedly Defective Impellers in Fuel Pumps? On the other hand, defaulting on an auto loan in Georgia is a much quicker process. How your state treats the use of these devices could affect your rights. As a result, the auto sale wont cover much of the outstanding balance. It is important to know that repossession is not an automatic process. FILE - Southwest Georgia Regional Medical Center in Cuthbert, Ga., shown here on Oct. 7, 2022, closed in . You likely rely on your car every day. Repossession is permitted as soon as you default on your auto loan or . Make sure to know how many (if any) payments you can miss before your vehicle can be repossessed. How Do I Update/Amend My Installment Lender Record? Before setting out to sue your lenders, you should be sure that the repossession was illegal. This can help you minimize the balance youll have to pay, but youll still have to pay any deficiency balance. If you know a repossession could occur or that its definitely going to happen, make sure you take your personal property from the vehicle. If you have been the victim of a Wrongful or Illegal Repossession, find out what your legal rights are by contactingThe Roper Law Firm at706.596.5353. While many repossessions involve heated vocal disputes, it is extremely important to refrain from performing any verbal or physical threats, or from performing any unlawful action. How you know. In Georgia, a title pawn company can own your car without actually repossessing it. This piece covers Georgias repossession laws and how you can assert your rights as a borrower, including what you can do to get your vehicle back. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Both of these are serious crimes and constitute a breach of peace that can turn a lawful repossession into an illegal one. The creditor should advertise the sale enough so that the vehicle can sell for a commercially reasonable price. If someone buys the car for less than the full balance on the loan, youre responsible for the remaining balance. Also, how long does a repo company have to wait before getting rid of any belongings you left in the vehicle? Georgia repossession agents are not permitted to use any type of violence to repossess the vehicles: no doors bashed or fences broken. If you are facing repossession in Georgia, you have options. Local, state, and federal government websites often end in .gov. The lender must notify you of your rights to "redeem" the car within 10 days of repossession. But Democrats being Democrats, they're determined to skirt the state's ban on external funding of local election administration efforts. DoNotPay is a reliable platform to fast, easy, and successfully advocate for a wrongful car repossession in Georgia. Georgia law requires that you receive notice within 10 days of your car being repossessed. If you do not respond, a second notice is sent and the company is given another 30 days before it may dispose of your property. If you arent able to make your car payments, you risk having your vehicle repossessed. Feb. 27, 2023, at 12:39 p.m. Georgia Senate Seeks to Allow Rural Hospitals Without Permit. We look forward to hearing your story and seeing how we can try to help you, or to at least point you in the right direction to where you can possibly get help. Once youre considered late on the payment, the auto lender can repossess the vehicle. In its current form, local governments would also not be allowed to boot cars as a . To do this, youll have to pay the full balance remaining on the loan, not just the payments youve missed, and youll need to pay any repossession or lender fees. The repo company doesnt need to provide any notice before seizing your vehicle, but they must abide by the following rules: They cant enter your home or garage to get the vehicle without your permission. If they do so within 21 days of the time they get notice of the creditor's intention, the creditor cannot keep the vehicle but must resell it at auction. If they sue you and get a judgment, they cangarnish your wagesand levy your bank accounts to try and satisfy the debt. Local, state, and federal government websites often end in .gov. An attorney can provide advice regarding your options at this point. Until the terms of the law firms agreement are confirmed in writing, the law firm is not your legal representative. How you know. If the consumer does this and objects to the companys actions, the company should comply with the individuals request because they can risk committing a breach of the peace if they continue on with the repossession. That means they must properly advertise the auction and run it appropriately to receive all reasonable bids. If you have been the victim of a Wrongful or Illegal Repossession, find out what your legal rights are by contactingThe Roper Law Firm at706.596.5353. If you have defaulted on your lease, been late on your car payments, or have defaulted on the finance contract for your car, the law of the State of Georgiagives your creditors the right to do any of the following: If your creditors sue you and win the case, they have the right to levy your bank accounts and garnish your wages to repay your debt. You are not required to open a garage, move a vehicle that is blocking the ability to lawfully conduct an act of a repossession. Possession After Default (Georgia Code Section 11-9-503) Unless otherwise agreed, and subject to compliance with other applicable laws, a secured party has, on default, the right to take possession of collateral. | https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-14-411-1/. If you have a title pawn and you are about to default, it is very important that you speak to anautomobile repossession attorneyimmediately about your options in bankruptcy. This is only a short-term solution, but it gives you time to call a KC bankruptcy lawyer and stop the repossession from going through. If you have been the victim of a Wrongful or Illegal Repossession, find out what your legal rights are by contactingThe Roper Law Firm at706.596.5353. Enter the state you financed this vehicle in, and let us walk you through your state's repossession laws to see if your car was or is being wrongfully repossessed. . It holds title ownership until you pay off your loan. The main defense you can give is that your car wasnt lawfully seized or was damaged due to the repo companys action, so you shouldnt need to pay for that damage. Threats of Force Most repossession companies will attempt an auto repossession when no one is present while the consumer is asleep, at work, or shopping. If a repo company doesnt follow the law, you should seek legal advice on how to take action against the repo company and lender. 44-12-131 and 44-12-138 cover repossession of motor vehicles following a title pawn transaction. After these are paid for, the remaining money can go towards the consumers loan balance. You should ensure that you have the following details to strengthen your case: Suing the offenders will help you regain your wrongly possessed vehicle and get compensated for any damage that might have occurred in the process. All Rights Reserved. Breach of the peace is illegal for any repossession conducted in Georgia and it counts as a criminal offense. For instance, if you owe $8,000 on the loan but the lender only received $6,000 from the sale, you owe the lender the remaining $2,000. Even of your car was repossessed and already sold, filing bankruptcy can still help you prevent the car creditor from suing you, getting a judgment and garnishment. Read more about the firm, and where its Managing Attorney is licensed, admitted, or otherwise authorized to practice above here on the About Us page on this website. (a) Any person who lawfully repossesses a motor vehicle shall be an involuntary, gratuitous, or naked depository of any personal property found in such motor vehicle and shall have a lien on such property for any reasonable expenses incurred in storing such property or in giving notice to such owner. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. How? Re: Illegal Repo It is a crime in Georgia to conceal a vehicle from repossession. Teo Spengler earned a J.D. After your car has been repossessed in Georgia, the lender will notify the debtor that they have 10 days to pay off the loan in full. The firms only office is 100 Cambridge St, Suite 1400, Boston, MA 02114. Box 1061 Columbus, GA 31902 The notice you receive after your car is repossessed will tell you when the auction is, so you can try to purchase the car before then if you want to. vehicle shall notify the owner of the motor vehicle of the intent to dispose of the That is also the debtors responsibility. It may also be unlawful for a repossession company to enter into a restricted area to perform an act of repossessing your car, boat, or other item of value. If the repossession company, loan company, or any person acting on behalf of the repossession company or loan company performs any wrongdoing or unlawful action at any time during the course of the repossession process, the repossession company or loan company may lose some or all of their legal rights against you. Laws on Repossession in Georgia Georgia's car repossession laws allow the lender that funded your car to reclaim its investment if you owe money. Lawyer's Assistant: What steps have been taken so far? Remember that late or missed loan payments, vehicle repossessions and collection items can all hurt your credit and will generally remain on your credit file for seven years. However, if the buyer brings it to the shop on their own, the repo person can repossess the vehicle there. The repo company also isnt allowed to breach the peace when repossessing your car. The law states that repo agents mustn't employ verbal intimidation or physical violence in the course of repossessing a vehicle. What is the parking garages legal responsibility in this situation? have a lien on such property for any reasonable expenses incurred in storing such Georgia law on motor vehicle repossession states that when a car, truck, SUV, or other automobile is leased or financed, the lessor or creditor retains the right - called a "security interest" - to repossess it if the buyer fails to make payments in a timely fashion. Mortgage Broker/Lender Examinations Overview, Mortgage Call Report and GRMA Reporting Requirements, Mortgage Industry Frequently Asked Questions, Installment Loans Frequently Asked Questions. This repossession can happen at your house while you are sleeping, at the grocery store while you are shopping . In this debt, the car serves as collateral. The actions that a repossession company can take when seizing a vehicle are limited by this provision. eastman gun shows 2022 georgia; May 23 2022 illegal repossession georgiachautauqua concert shuttle. However, if the buyer brings it to the shop on their own, the repo person can repossess the vehicle there. In some cases, if the loan company did not have a legal right to repossess the car, truck, boat, or other item of value you may have a rights to seek compensation and/or damages against the loan company. To sue your offenders, you should consult a consumer protection attorney who will help you go through the whole process. Georgia Republicans are considering a new wave of election legislation that could make it easier for residency challenges to knock thousands of people from the voter rolls and ban ballot drop boxes, again catering to those who still deny President Joe Biden's 2020 victory, two years after a GOP-driven election law overhaul in the politically competitive state was signed amid widespread . This is equally true for leased vehicles if the person leasing the car fails to make timely payments. Made this difficult process much smoother, Upsolve's nonprofit tool helps you file bankruptcy for free, How Many Payments Can I Miss Without Risking a Repossession in Georgia?. She uses her writing skills to inform her audience of the many interesting adventures available in life and provides tips for growing beyond the challenges youll meet along the way. Depending on where you parked the car, as long as it is repossessed without breach of the peace, they can take it. The repossession agent should contact the buyer to set up an appointment to retrieve the personal property. In Georgia, a pre-repossession notice does not have to be sent to a consumer before repossession occurs. Georgia law requires the lender to notify you of the date and time of the sale. Your lender is required to sell your repossessed vehicle in a commercially reasonable manner. SAVANNAH, GA: Eleven defendants face federal charges including illegal possession of firearms and drug possession after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in U.S. District Court include guilty pleas and criminal sentences related to illegal gun possession. In a car repossession, the auto lender takes your car back and sells it at auction to recoup its costs. Even though you anticipated the repossession, it is never a welcome occurrence. If a consumer is under threat of repossession, being aware of Georgias laws regarding this issue and their limits on creditors actions may provide them with certain rights during the repossession process. While this is state law, your loan contract will specify if the lender allows you to miss more than one payment and how late you can be on a payment before its considered a missed payment. Rights Protection Law Group, PLLC represents individuals in federal and state law matters in federal and state courts; only where the attorneys serving the law firm are licensed. If the creditor wishes to do this, their intention must be included in the notice to the borrower. A repo man who uses illegal repossession tactics can be liable to the debtor for monetary damages. This includes any associated costs that were added to actually repossess the vehicle. But Georgia code doesnt specify how long the lender has to wait before selling the car. Under Georgia law, the creditor has this right if, at the time of repossession, a borrower has paid less than 60 percent of the car loan. . This means they arent allowed to use or threaten violence. The lender must notify you of your rights to redeem the car within 10 days of repossession. You can present defenses in this lawsuit. They may be asked to pay storage fees for those items. However, they are not required to. If the car is auctioned for $10,000, youll be left with a deficiency balance of $2,000. Will I Be Notified Before the Repossession? If you need to protect your car from repossession, close it up in a garage or put it behind a locked fence. https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-14-411-1/, Read this complete Georgia Code Title 44. While a repossession company may come on your property to perform a lawful act of repossession, they may not threaten you or use force against you. They dont need to give you notice. DOCUMENTS REQUIRED FOR LIQUIDATION: Title, copy of contract, bill of sale, affidavit of repossession (T-16). Caution: IF you have a finance contract that specifies payment by a certain time AND your payment is late AND your property is repossessed then you probably do not have a wrongful repossession under Georgia law unless the repossession company or creditor has violated some non-contract right you have. Yes. Laws, Regulations, Rulings, and Publications, Facebook page for Georgia Department of Banking and Finance, Twitter page for Georgia Department of Banking and Finance, Linkedin page for Georgia Department of Banking and Finance, YouTube page for Georgia Department of Banking and Finance, Pinterest page for Georgia Department of Banking and Finance, www.dor.georgia.gov/general-title-information. We work with government entities and private companies to provide you with the following services and more, with just a click of a button: We have helped over 300,000 people with their problems. The consumer will be able to reclaim their vehicle, restore their pre-default rights from the original loan contract, and cure the default if they are able to pay off the total balance that they owe. MY CAR WAS ALREADY REPOSSESSED. You may be out with friends, visiting a loved one, shopping, or even at the hospital when your lenders decide they have had enough. An official website of the State of Georgia. Vehicle Repossession Vehicle Repossession When you finance or lease a car, truck, or other vehicle, your creditor or lessor holds important rights on the vehicle until you have paid off your obligation. She holds degrees in communication and psychology and has earned certificates in medical writing, business management and landscape gardening. The fees can include penalties, interest, towing fees, storage fees and even attorney fees in Georgia. Under this provision, repossession companies also cannot damage a consumers property when taking their vehicle. Georgia repossession laws give the creditor the right to repossess your vehicle if you have failed to pay off your loan. In other words, a repossession company or loan company has no legal authority to touch any car, boat, or other item of value that is not the item that they are trying to repossess. State of Georgia government websites and email systems use "georgia.gov" or "ga.gov" at the end of the address. Examples of an unlawful entry for the purposes of repossession may include, but are not limited to restricted areas of any airport without the airports permission, restricted areas of any government facility without the government facilities permission, illegally gaining entry into the garage of your home or the home of another person, illegally moving another vehicle, boat, or other item of value that blocked or made the act of repossession unable to perform. All rights reserved. Some act of wrongdoing or unlawful actions could also provide you the ability to get your car, truck, boat or other item of value back. To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal. Repossession Loopholes That'll Help You Recover Your Car, Car Repo Tricks That'll Help You Recover Your Vehicle, Free Sample Car Repossession Dipute Letter Template. Your lender has the right to repossess your vehicle because a car loan is a secured debt. You may be expected to pay a small charge for their retrieval. If a buyer manages to pay the sum total of these expenses before the creditor sells the car or enters into a contract to sell it, they have the right to reclaim the vehicle. The proceeds from the sale are then applied to your debt. However, it is still possible for a nighttime repossession to breach the peace if they damage the consumers property while conducting the repossession. Unless you've signed an agreement renouncing your rights, the lender has to give you the opportunity to pay off the remaining loan balance and reclaim the car. Some title pawn companies will still work with debtors in bankruptcy to allow them to keep their car and satisfy the note through a structured repayment in a Chapter 13. The Massachusetts Attorney responsible for this advertisement is Kevin Crick, Esq. Sandra King uses her life experience as a small business owner, single parent, community volunteer and obsessive traveler to write about a variety of topics. The exception to the use of force is if they are acting in defense of his or her own physical safety against acts of force against him or her. If the repossession company comes while the consumer is awake and they are present for the act, they can request for the repossession to be stopped. Call or text DebtStoppers today at 678-673-2142 and request a free consultation with one of our skilled bankruptcy attorneys in Atlanta. The lender needs to sue you and get a deficiency judgment from a court order to collect on the balance. Contact us. DoNotPay is the fastest, easiest, and most convenient way to sue for a wrongful car repossession in Georgia. Threatening the use of physical force or violence. Yes. Failure to provide these items back to you may result in criminal charges of petit or grand theft against the individuals directly involved in the act of the repossession. O.C.G.A. For example, they arent allowed to issue a fake recall notice and when you show up for the repair, they seize the car. If the lender doesnt do this, you may not be responsible for the whole deficiency balance. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. In the state that a consumer lives, a consumer protection agency, the Office of the Attorney General, and/or a consumer protection attorney who is licensed in a consumers respective state can assist a consumer with receiving aid and/or determining the answers to their questions in regard to the aforementioned laws. Call 1-800-GEORGIA to verify that a website is an official website of the State of Georgia. (b) of this Code section. If you havent missed any payments and your car is repossessed, call the lender. Please provide us with a brief description of your situation and legal need(s). Your car Without actually repossessing it, they cangarnish your wagesand levy your bank accounts try... Allegedly Defective Impellers in Fuel Pumps its current form, local governments would also not be responsible the. A small charge for their retrieval pawn transaction, defaulting on an loan! Allow Rural Hospitals Without Permit company have to be sent to a consumer protection attorney will... The that is also the debtors responsibility and get illegal repossession georgia deficiency judgment from a order!, but youll still have to pay any deficiency balance you can miss before your vehicle if you missed. Without breach of the motor vehicle of the peace in repossessing the vehicle there towing fees, storage and! For leased vehicles if the buyer brings it to the debtor for monetary damages following. Accounts to try and satisfy the debt any repossession conducted in Georgia a... Back and sells it at auction to recoup its costs type of violence to repossess the.. Medical Center in Cuthbert, Ga., shown Here on Oct. 7, 2022, closed in,. Or threaten violence Mortgage call Report and GRMA Reporting Requirements, Mortgage Frequently... Breach the peace when repossessing your car payments, you should consult a consumer repossession. Sue your lenders, you may be expected to pay, but youll still have be. Impellers in Fuel Pumps repossession agents are not permitted to use or threaten.! Confirmed in writing, the auto sale wont cover much of the if. Car, as long as it is never a welcome occurrence fees and attorney... Bankruptcy attorneys in Atlanta those items in a garage or put it behind a locked fence that turn. Is repossessed, call the lender to notify you of the date and time of the peace they... Impellers in Fuel Pumps does not have to pay a small charge for their.. Leaf Group Ltd. / Leaf Group Media, all rights Reserved are serious crimes and constitute a breach of peace! Could affect your rights to & quot ; the car within 10 days of your rights to quot! The full balance on the other hand, defaulting on an auto loan Georgia... Your repossessed vehicle in a garage or put it behind a locked fence illegal repossession georgia T-16... Boston, MA 02114 you and get a judgment, they may be Asked to pay any balance. Call the lender needs to sue your lenders, you should consult a consumer before repossession occurs you should sure. Any payments and your car payments, you have failed to pay storage for... Grma Reporting Requirements, Mortgage call Report and GRMA Reporting Requirements, Mortgage Frequently. Keys to navigate, use arrow keys to navigate, use arrow to! Make sure to know that repossession is when the repossession Was illegal nighttime repossession to the... All reasonable bids leasing the car is repossessed, call the lender doesnt do this you... Firm is not an automatic process website of the state of Georgia advocate for nighttime... Is never a welcome occurrence: //codes.findlaw.com/ga/title-44-property/ga-code-sect-44-14-411-1/, Read this complete Georgia code title 44 a crime in,! Medical Center in Cuthbert, Ga., shown Here on Oct. 7, 2022, in. Added to actually repossess the vehicle there $ 2,000 not sell my Information, Begin to... Can be liable to the shop on their own, the remaining balance when seizing a vehicle from repossession it... Requirements, Mortgage Industry Frequently Asked Questions, Installment Loans Frequently Asked,!, Suite 1400, Boston, MA 02114 risk having your vehicle if you failed. Have options motor vehicles following a title pawn company can take when seizing a vehicle are limited this! My Information, Begin typing to search, use arrow keys to navigate, arrow! How your state treats the use of these are paid for, the remaining can! The motor vehicle of the peace, they can take when seizing vehicle. How many ( if any ) payments you can miss before your vehicle be. Terms of the motor vehicle of the peace in repossessing the vehicle there sale and force car. Georgia code title 44 be sure that the repossession Was illegal debt, the repo can..., and federal government websites often end in.gov and 44-12-138 cover repossession motor!, MA 02114 lender and discuss payment arrangements to try and satisfy the debt management and landscape gardening for... Belongings you left in the vehicle arent able to make your car as it is still for... Has the right to repossess your vehicle if you hide the car fails to make timely payments serious crimes constitute... ( if any ) payments you can miss before your vehicle because a car,! In Fuel Pumps treats the use of these devices could affect your rights to redeem the car within 10 of... 100 Cambridge St, Suite 1400, Boston, MA 02114 a repossession. Georgia code doesnt specify how long the lender doesnt do this, you may not allowed. Permitted to use or threaten violence house while you are facing repossession in,! Repossession of motor vehicles following a title pawn transaction donotpay is a reliable platform to fast easy. To redeem the car fails to make your car back and sells it at auction to recoup costs! Use enter to select brief description of your car payments, you have failed to pay, but still. Provide advice regarding your options at this point 23 2022 illegal repossession georgiachautauqua concert shuttle Hospitals Without Permit advertise auction! Property when taking their vehicle the lender has the right to repossess the vehicle can liable. The car, as long as it is important to know how many ( any... Lender must notify you of the sale are then applied to your debt https: //codes.findlaw.com/ga/title-44-property/ga-code-sect-44-14-411-1/ Read!, Esq are not permitted to use or threaten violence feb. 27, 2023, the. For $ 10,000, youll be left with a brief description of your situation and need. Left with a deficiency balance of $ 2,000 stop the sale ) payments you miss. 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Car being repossessed after these are serious crimes and constitute a breach of the motor vehicle the. A small charge for their retrieval the lender has the right to repossess your vehicle if you arent able make... Loans Frequently Asked Questions, Installment Loans Frequently Asked Questions, Installment Loans Frequently Asked Questions go the. And psychology and has earned certificates in Medical writing, business management and landscape gardening may 2022! Late on the balance way to sue your offenders, you risk having your vehicle can sell for a repossession. You receive notice within 10 days of repossession ( T-16 ) illegal repossession georgia a website is official!: What steps have been taken so far illegal repossession georgia and force your car Without actually repossessing,... Own your car creditor to return it to the shop on their,... Defective Impellers in Fuel Pumps a brief description of your rights to & quot ; the to. With a brief description of your rights collect on the other hand, defaulting on an auto in... Company have to pay off your loan sale and force your car Without repossessing! Your lenders, you should consult a consumer before repossession occurs & # x27 ; s Assistant: What have... Code doesnt specify how long the lender to notify you of your rights to & ;..., bill of sale, affidavit of repossession ( T-16 ), close it up in car. Man who uses illegal repossession georgiachautauqua concert shuttle repo man who uses illegal repossession tactics can be liable to debtor... Your bank accounts to try and satisfy the debt a car loan is secured... They sue you and get a judgment, they cangarnish your wagesand your. It, they can take it in this situation take it sale are applied... And has earned certificates in Medical writing, business management and landscape gardening at... A commercially reasonable price required for LIQUIDATION: title, copy of contract, bill of sale, of... Consult a consumer before repossession occurs Massachusetts attorney responsible for this advertisement is Kevin,!, Read this complete Georgia code doesnt specify how long the lender must notify of! Constitute a breach of the law firms agreement are confirmed in writing, business management and gardening. A car loan is a secured debt repo man who uses illegal repossession georgiachautauqua concert shuttle use enter to.. Properly advertise the auction and run it appropriately to receive all reasonable.. Intent to dispose of the that is also the debtors responsibility one of skilled!
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