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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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%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.
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.
NO, you cant do that in ANY state. It will get you sued quickly. Ohio Repo Laws
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.
In CT do you have to lock the garage door or is the car off limits to the repo man simply by being in the garage?
Cant go in a locked door in ANY state legally. They will just get the police to come open the door with a court order. Make your payments and if you can't, talk to the lender.… They do not want to repo the car. They will not come with a police order....if they could they wouldn't waste timepaying repo guys.Just because it is against the law don't think the repo guyswon't do it.If they do break in and get the car it doesn't matter how they got itit is now the banks.You can sue the bank for the break in but you still don'thave the car back.And by the way the banks do want to repo that's why they do it. Actually they DO NOT want to repo your car. This is because normally you owe more on the car than they could get for it at auction. They will repo it if they feel that that they cannot recover money for it, or if they are a buy here/pay here place. Finally, they CANNOT enter a garage locked or otherwise. If they do, they are in violation. You should try to work with the company.
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.
It depends upon what you authorized when you signed the promise to repay the loan. In theory, you can certainly give the lender permission to hire a repo-man to enter your p…roperty at any hour of the day or night, including any necessary forcible entry to an unoccupied dwelling, agree to pay for any damages or injuries occurring, whether or not you own the premises, and any other reasonable steps that the repo-man might take to find, possess and remove the pledged property. On the other hand, some states prohibit repossession of a pledged vehicle unless it can be done "without a breach of the peace", including trespass.
they take it to a lot that has no name on it so people don't try to come and get it with out paying first. they will give you directions after you pay. the repo company mine g…ot taken to after 2 1/2 days of the repo man using it for himself was on rt33 in manalapan new jerssy. good luck
You are fighting a loosing battle. They will eventually get the car. You use the term "Your Car". It is not "Your Car". The car belongs to the lender, as they put up the… money to buy it. Remember that. You are hiding something that is not your property. You are just incurring more repossession fees that you will eventually pay. Be smart. If you cannot get this straightened out and catch up on late payments, then just turn the car in to the lender in a voluntary repossession and save some repossession fees. When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment.
Yes. At that point the lienholder has most likely taken legal assistance in the recovery of the vehicle. The Sheriff (law enforcement official who will most likely be th…ere) can do anything to get the vehicle, including breaking a lock.
yes if it is open
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.
This depends upon the local jurisdiction and the laws pertaining to this activity. The legal authority given to a repo man may well nullify normal civil protection.
Nowhere in the US is that legal.
Realistically not much although in many states they can go on private property they are not supposed to go into locked areas. The repo man was unprofessional but no matter… what you did sooner or later they would have gotten it. If you can show damages you can pursue civilly against the bank that hired them but then they are more likely to counter with a deficiency and they will pretty much cxl ea. other out, they can also cover themselves with a court order and fudge the paperwork making it look 100 percent legal and making it easier for them to get a judgement if there will be a deficiency. If it was just a lock there are not much damages to show, if its something expensive you can file police report, get it paid for with homeowners (minus deductible) and pursue for payment