Might want to check your local laws about them being able to hold you in custody until the car is produced. This is a civil matter not a criminal matter however once the court order changes I think your options do as well.
Depends on the value of the car and how bad the lender wants it. It is definitely NOT impossible for it to happen.
It is very possible that it can happen. Why couldn't it? The lien holder has the right to take property with a security interest, and if you do not cooperate with their agent, the lien holder will probably go legal, hence the Marshall will come by.
First, tell the tow guy to go ahead and then tell him to get off your property and call the police yourself. No law enforcement officer can force the surrender of a vehicle if there is no court order. This is a civil matter and the the police can only keep the peace. File trespass charges against the tow guy. And in no way are they to threaten you with any harm or arrest. Call your police or an attorney if you need questions answered and know your rights.
I am a recovery agent in the state of Illinois. If you refuse to surrender your banks collateral,we advise your lien holder to proceed with an order of "Written Replevin". When we get the order signed by the judge,we then come out to you residence and recover the collateral. The Sheriff's department and a locksmith of the sheriff's dept's choice accompanies us. If the vehicle is secured by a garage or a gated yard,the locksmith makes entry. When its all said and done, the debtor still loses the car and has to pay for court costs and the cost of the locksmith. Depending on the value of the collateral the signing judge will accompany a body attachment to the order of replevin. This is for the event that the debtor is hiding car at another location and refuses to let whereabouts be known, the debtor will be held in custody until the vehicle is recovered. Its very common.
F.Y.I- We are Recovery Agents. We are very skilled and trained to recover all types of collateral. We are not "Tow Guys" or "Repo Men".
they can only come on with help from the police with a court order, and that takes a long time, let them come on, block them in and call the cops....
First of all repossession men try to intimidate people and scare them. A marshal is a federal agent and would not be there to assist in a repossession. Local law enforcement can and will only come out IF there is a court order. This costs the lender money, which they know that they most likely never recover. So unless the car is very expensive they won't do it. Often time, the agent will recover the vehicle at some point in time. However, the repo man cannot tell you that the police will come, as he isn't even the one who starts the process. Tell him to get lost and then try to work out a payment schedule with your bank.
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