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How can a repo man repossess a car that is locked in a residential garage?
NO, NO, and also NO. NOT LEGALLY. the UCC of EVERY state and the FED UCC prohibits breaking in to LOCKED DOORS, GATES, GARAGES,ect. To do so is called Breaking and Entering. To involve the police is prohibited also. That makes it NOT a civil process as a'self-help" repo is supposed to be. Call a LOCAL attorney for state specific advice.
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Answer . NO THIS IS ILLEGAL! They cannot go inside your house, garage, or locked private property
No they can't at first, but you have to clear up this matter ASAP or eventually you will be court ordered!
No, repo persons can not enter your residence without permission and an attached garage is your property.
yes if it is open
First, State Laws on this issue may widely differ. You would dowell to check with an Attorney of Law or even the AttorneyGeneral's Office in your State. Second, many state la…ws state you can be charged criminally forHindering Secured Creditors. For instance Google TX Penal Code32.33 or RCW 9A.56.096. This and below are examples of how manystates have similar laws, but it is nearly impossible to get thecharges filed against the debtor. Third, NO, a repossesser cannot LEGALLY break into your lockedproperty. Check the Fair Debt Act and you will find out that youcannot threaten anyone with arrest! Unless there is a court orderthat only a law enforcement officer can serve, the tow driver can'tdo a darn thing. You can call the police and have the tow guyremoved from your property. Without a court order, the policecannot force you to turn the vehicle over because it is a civilmatter. The police can only keep the peace. This is only when thereis NO court order. You can keep the car locked up all you want ifyou want to catch up the payments. Until the lender gets that courtorder, no one can remove a vehicle from a secured/locked building,or tell you that you can be arrested if you don't turn the carover. Fourth, HOWEVER, owing a lender money is a civil matter. But arepossesser is enforcing a security interest and when a debtorrefuses to surrender collateral (at least in Va) the debtor hascrossed the line, changing a civil matter into a criminal matter,and the debtor can be arrested if the lien holder pursues it(that's a big IF in most cases). So telling a debtor they COULD becharged with a felony is true ref: vacode 18.2-115. If the repo man can prove that you are keeping the unit locked inthe garage to keep him from getting it, that can be the as the sameif you were hiding it at your friend's house. In Colorado, it is aclass five felony for concealment of mortgaged property. I havetold debtors that sometimes and it works, but I only say that theyCAN be charged if the repossessing client wants to do it that way.We actually had one case that was pending against a debtor forconcealment, but the client dropped the case because the debtormade her payments up the next time the repossession came up. Werefused to waste our time with it until there was a court order. Fifth, what are you going to do when the sheriff comes to get thecar? In the meantime, are you going to let the car stay in thegarage because you are sure the repoman will nab it if you take itto the store, etc? Seems silly to keep a car you can't drive andyou haven't paid the payments. Anyway, the longer you assert your"rights" the MORE the fees add up and the more you will pay in thelong run. you can rent a car cheaper than you can hide it in yourgarage.
\n. \n Answer \n. \nNope. At least not where I work. I work as a security guard for a local plant that has a security booth that is staffed 24/7. We are not allowed, by …the clients rules, (I work for a contracted security company)to let repo men come on the property. We had an incident occur not to long ago. A repo man came to the main gate so he could repo a vehicle. The main gate guard told the repo man that he was not allowed to come on the clients lot per the clients rules. He got nasty and said he was going to call the police. The repo man was then told that the police are not legally allowed onto the clients property unless we or the client call and ask for assistance or the police have a warrant or the police have their lights on and are pursuing a fleeing vehicle. I was told to keep a lookout for suspicious vehicles and report any trespassers on the property. had the repo man trespassed, I could have notified the M/G and the police would have been called and arrested the trespasser. Also, I would have had plenty of help from the forklift drivers and other workers if the situation had become unsafe. The repo man never came back. You may dispute this, however I know the client rules and know what I am allowed and not allowed to do. We never got in trouble, and the cops never showed. The client, as far as we know, never talked to us or our boss about it. There was never a breach of security, so I don't think it ever went beyond our boss because it was not worth wasting the clients time. Our boss told us that we did what we were supposed to do and that under no circumstances were we to let a repo man onto the proerty. It's that simple.\n. \n Answer \n. \nThe above poster did exactly what he was supposed to do his job... good for you.\nThe repo man does not have the right to tresspass on private property.This does not mean he won't try.... a repo man will lie and misrepresent himself to try and gain access to the vehicle.If the guards are not doing their job unlike the above poster then the repo guy will get your car.If the repo guy gets your car from a controlled lot it will up to the owner of the lot not you to press trespass\ncharges against the lender and the repo company.\n. \n Answer \nTo the poster who said repomen cannot enter private property. You are incorrect. The UCC (Uniform Commercial Code) dictates that they can. Repomen cannot breach the peace during a repo. In other words, if they are told by the property owner or legal representative to leave, they have to. If it is a "controlled lot" then it is up to the security guard to do his job. If it is just a matter of an automatic gate, then the repoman can go in as long as he does not: cut a lock, cut a fence, damage the fence, damage the lock, pick the lock. In other words, if he is "in line" to go in and someone goes in right in front of him, if he can get through before the gate closes, he is legal. The gate was open, he didn't open it and nobody stopped him.\n Answer \n. \nThe answer to this question is NO, ONLY if the 'control" does it's job. A recovery agent HAS the right to enter private property until that right is resinded by the property owner(in this case, the security gaurds). IF security is law for whatever reason, you can lose your car. Your employer provides this protection for your vehicle to keep your car sercure from thieves, NOT for you to hide your car that you wont pay for. If you need to hide your car from a repoman, it sends a notice to the employer that you have the potential to be a problem to them also.. Answer . \nSorry you don't have "the right" otherwise it couldn't be recinded could it ???? You are "playing dumb"(something most repoers don't have to play at)....uh what sign?? what gate??? What I'm not allowed here???Funny how the hundreds of repo posters and moderators on this site are so quick to point out the letter of the law with others actions just not there own.. Answer . The repo man cannot enter any private structure (but if your garage door is open, he probably will), damage any property, or cause a breach of peace. If he got onto the business parking lot, he can repo the car. The guard may have let him in knowing why he was there or he may have just said he was there to pick up a vehicle and the guard assumed he was taking it for repair. After all, the sign on the truck probably said XYZ Repair, not XYZ Repo.
Yes, a repo man can take your car in any circumstances. He just needs to find a means to enter the property.
Well at this point if a repo agent is there to recover a vehicle or property, You no longer own your car or property the BANK does. If a repo agent gets proper authorities "po…lice" and have paperwork stating the bank owns it the authorities can impel you to open your garage because now you are in possession of stolen property fully owned by the bank. but they also must give you a option to pay it up to date.
%DETAILS% That is a case of damage to your property by them and you would have to make that claim against them. Obviously they can go on your property to get the …vehicle, however they are not allowed to damage your property in the process. The bad part is considering the value of the trees/damage done, is it worth a law suit and the cost of a lawyer? Negative. They cannot damage any property while trying to get to a vehicle.If they do any damage, I would pursue it in court.First, you call the police and sign complaints for "Property Damage" and "Criminal Tresspass". Get copies of those police reports and call your homeowner's for an appraisal of the damage. Then file in Small Claims.Check your court for limitations on the amount that you may sue for. Most states the limit is $5,000.00 Also, you may sue the tow companys insurance. Press charges even if they leave ruts in the ground. That is damage and you can make them pay.The rights are with the property owner, not the scum bag repo man!I say that only because someone (repoman) is trying to benefit from another human being's hardship. And even though some people just don't want to pay, many people at the time of aquiring a vehicle can afford it. But if illness strikes, and jobs are lost, those people are not the bad guy. Circumstances went beyond their control. Of course, banks don't want to hear that.I would, in no way, do that kind of a job. Even cops don't like the repo man.Get a clue and get a heart! tell him to get off your property, I would buy the biggest dog and leave it to run loose on my property. Just get an invisible fence!!! :) Repo people can drive on to your property. You made that agreement with the bank when you got a loan. It may have been a part of the "fine print", but you signed it. If there is a good reason that someone cannot pay their loan, they need to work that out with the bank. We all end up paying for their chargeoffs in the long run in the forms of higher interest rates, fees, etc. By the way, we repo in three cities, and the police and sherriff offices that we work with are great. They are more that willing to go on a job with us if we feel that there is any danger in the situation. Also, most of the cars we repo belong to people who have made very little or no effort to make any payments at all, not the few who fall onto hard times. There are a lot of dishonest, desperate people out there. Why should we all pay their actions? ANSWER from the dog: No they cannot drive OVER your property. For those who do not understand what they read, no driving over the lawn. As far as the contract, you agreed to let them back into your driveway, which is your "property". No one has permission or the right to damage any of your property to get to a vehicle. Does the contract state we can damage your property to pick up the car? Don't think so......Get a clue!!!On another point about the contract, a person also agreed to make the payments. Contract was broken. The lender will have to enforce by getting a court order. A Repo can come on your property but he may not damage it. You should sue the Bank for damages do not waste time with the repo agent. You can sue in regular court and represent yourself not in just small claims.It does not matter what the"fine print" of the contract says the lender can and should be held responsible for any damages caused to your property during a repo.The police will not "ride along"on any repo it is not their job; stop trying to scare people with your lies;it is a civil matter not criminal,the police will not get involved in a repo unless there is a "breach of peace" which would stop a repo.If "all your customers" make little or no attempt to pay anything on their loans what doesthat say about the banks that gave them the loans????? Scumbag repo guys even the cops hate them? Here's a thought, why not simply make the car payments you agreed to make when you bought the car and signed all the paper work? Then the repo guy wouldn't have to come and take your car and you wouldn't become another scumbag delinquent loser who thinks that not making your car payment is ok and is not stealing. Better yet, let's make repos against the law but instead pass a law that makes not paying your car payments illegal and charge the owner with grand theft auto. Default on a loan is a CIVIL matter, not a CRIMINAL matter.Civil matters can only be pursued by the lender in obtaining a judgment against you. It's time and money, in which the lender will never recoup if the debtor files bankruptcy. As A former Top Repossessor for very large firms it is not against the law to drive over your lawn but in the case that they do damage your property they are responseable... The answer to this question and more are to be answered and also how to tell the repossessor NO !! Legally Visit the following website www.stopthereponow.com this is a great Website to learn the tricks and trades of there ROUGE BIZ!!! Please explain to me how you can drive over a lawn and not damage it???? If the lawn is muddy or you are driving a loaded cement truck, you'll certainly damage it, but I've backed a pickup full of furniture and appliances up to the front door several places without doing any damage. I'm pretty sure you could get a wrecker in without any noticeable damage, but don't know if you would get back out dragging a car. That's my point Roy.....at night and the repo guy ain't going to be moving slowif you get my drift. First off, seems everyone who comments on this general topic enjoys throwing names around... There's no reason to do so, except for self gratification. It is true that people come into hard times. It is true that some reposessors are rude and unprofessional. The bottom line, as has been stated many times, is that the debtor owes money under a signed contract that they either are unable or unwilling to pay for some reason. I could make this comment at least a page long on that specific subject, but it wouldn't match the question, so I won't. The answer is yes, they can 'drive over your property' provided you are referring to the ground you own, without damaging any personal objects on it (i.e. lawn sprinklers, etc.) In most cases you probably can't legally damage the property, like leaving tire ruts, etc. In reply to one of the comments above, who says that the reposessor is going to use a tow truck to remove the vehicle from the property? Usually, at least in bigger companies, keys are made to the vehicle to be reposessed, and if a tow truck is used, it's only after the vehicle has been removed from your property. Also, as an end note, if the ground is dry, assuming you've parked the vehicle on the lawn or behind a building somewhere, a tow truck won't do much more than flatten the grass provided it's driven carefully. But as I stated above, most times a truck isn't even used to initially remove the car. As far as the namecalling, c'mon guys, everyone has their opinions, and certainly we're all entitled to them, but it degrades the quality of this site when personal opinions such as 'scumbag, looser or dirtball' are used. Let's keep this site informative and helpful.
YES they can come in the parking lot. YES, if they are smart repomen, they will check the adjacent blocks. Their job is to FIND the car and recover it. If it is not at the PO…E, they should run the given address. If not there, they run the references add.
Answer No it is breaking and entering.But that does not mean they won't try.After they get the car it is theirs so even if you get the repo guy/lender for B…+E they still keep the car.
If a car is out for repossesion and stored in a garage but never driven can the repo man get legal orders to take the car from the garage?
Answer Yes but it is costly and time consuming.Why don't you just give it back?
No. Entering a building to recover a vehicle is considered a breach of peace whether the garage the door was closed and/or locked or not. The exception would be if the recover…y agent held a replevin order. not legally,but they will try to make you believe they have the authority. they will have legal looking papers and talk the talk.they can sound very convincing.also they will have sound like they are doing you a favour by saying,we will hold it for you till you can make up the payments.DO NOT FALL FOR ANY OF THAT.THEY HAVE BEEN KNOWN TO ACTUALLY JUST TAKE THE VEHICLE WHEN YOUR NOT AROUND OR HAVE IT TOWED FROM YOUR PLACE OF EMPLOYMENT.ONCE THEY HAVE IT YOUR ONLY HOPE IS TO PAY IT OFF.TAKE IT FROM AN OLD PRO.
No, not legally. However, if the door is up, and the vehicle is clearly visible, many repo drivers will reach in to hook the vehicle and drag it out before hooking it; this is… a gray area. Entering to secure a unit without permission is trespass at minimum and could be construed ans illegal entry or breaking and entering (if damage occured to the structure).
The car can only be repossessed from a locked garage if the car is spotted in the garage from a window or a crack, but the repo company cannot enter the garage if the car was …not visibly spotted.