In most states and countries it is considered breaking and entering. * No. Entering locked property whether a building or land, or removing a lock to do so, constitutes a breach of peace. Also entering any structure locked or not to repossess a vehicle is a breach of peace unless the repossessor has a replevin or other order from the court that allows the act.
I am a repossession agent in Virginia it takes 2-3 months of not paying before the repossession status occurs.AnswerI am a repossession agent in Virginia it takes 1 missed payment then repossession status occurs.
No. The only vehicle that can be repossessed is the vehicle for which the agent has a valid order of repossession, OR in some cases, a vehicle the agent encounters (such as reported by a camera car) in the process of locating another repossession. Anything other would be wrongful repossession or possibly grand theft auto and extortion.
After repossession, the lien holder or agent sends information on how to reclaim the vehicle; if the owner does not respond or cannot repay the outstanding debt, the agent removes all personal belongings and sells the vehicle at auction. You will then be liable for the difference in what it sells for and the balance on the loan plus repossession fees.
Yes it is and they can tow your car away if you are parked at work! * In the majority of US states a repossession agent cannot remove a vehicle from a garage locked or unlocked, closed or open unless the agent has a replevin or other type of court order.
Yes. It is perfectly legal for a repossession agent to take possession of a vehicle when they are acting on behalf of the lender. The repossession agency does not have the option of allowing the borrower to retain the vehicle even though proof is presented that payments have been rendered. Such issues are strictly between the borrower and the lender. The lender and/or court being the only parties that can rescind the repossession action.
The person(s) whose name(s) appear on the title of the vehicle should remove the license plate(s) before the vehicle is impounded by the repossession agent.
after a legal process the lender can both sue and have you arrested.
Pay the note or lose the car. The vehicle may be recovered from any location that is discovered provided the repossession agent does not violate the FFDCP Act or break the peace. If the debtor breaks the peace, that is on the debtor; many go to jail for such behavior.If the repossession agent is not able to notify the debtor that he has secured the vehicle, the agent is legal bound to contact the jurisdictional law enforcement agency that a repossession has taken place with 24 hours of securing the vehicle. Most contact law enforcement as they are driving away from the recovery.
A repossession agency cannot enter a garage locked or otherwise to recover a vehicle unless the agent has a replevin (court) order to seize the vehicle. Additionally, a vehicle cannot be gifted in the usual sense, to another person unless there is a clear title, meaning the vehicle has been paid for in full and there are no lien holders. If the title is not in the person's name who has the vehicle, they do not own the vehicle.
WHAT CITY / STATE IS THE VEHICLE IN? YOU CAN EMAIL ME DIRECT @ SOUTHERNWRECKERSERVICE@YAHOO.COM
You will get arrested because the government can track you down. BEWARE!
No, that would constitute a "breach of peace" . However the repossession agent can call the police and request assistance some departments will comply, many will not due to the fact that it is a civil matter. However, if the repossession agent has a replevin order from the court the police will assist him in recovering the vehicle.
Yes. The repossession fee is like a tow bill. They did pick up the vehicle. The storage fee is the time it takes to get the vehicle off of their lot. Each day adds another day of storage fees.
No, a juvenile cannot enter into such an agreement and the repossession agent could be held legally accountable for attempting/taking part in such action.
Repossession of what? Who? The repo agent?
When you purchased the car, you may have received a lien title from the state. This is not a clear title of ownership. The lender in essence still owns the vehicle, at least part of it. It is held in security for the loan. If you are a repossession company or agent, you will be required to have an order of repossession. But, if you are a repossession company or agent, you should already know this.
this is a GENERIC definition... BOP is usually decide in the APPEALS Courts. Links at the bottom Breach of Peace. However, even if there is a right to repossession, the repossession agent cannot Breach the Peace in conducting the repossession. That means that the repossession agent in repossessing the vehicle cannot: forcibly remove you from the vehicle; stop you on the street or highway like a law enforcement arrest; enter a closed garage or your home; break into your house; create a disturbance such as a fight or other altercation; threaten any of the above actions; or pretend to be a law enforcement officer while conducting the repossession. If any of these actions occurred you should immediately contact an attorney. courtstuff.com
While the debtor does not have to unlock the vehicle, turn over the keys, or allow the repossession agent access to the garage, purposely attempting to hide the vehicle can be considered a crime if the debtor does it with the intention of hindering a secured creditor from obtaining access to its rightful property. That said, the debtor is not obligated to assist the repossession agent in any way in obtaining the vehicle.
my answer is to just go to oklahoma and just you becomes a repossession agent..........this is not real DONT DO IT.
How much do repossession agents commonly make?
Yes, as long as there is no breach of peace. The repossession agent cannot break a lock or damage property. They can only recover the vehicle which is behind a fence only if it is accessible.
if i understood what i have been told they can not destroy your property to obtain the investment they are repossessing.The recovery papers are to obtain legal possession of the vehicle mentioned in the orders.
No. Not if the circumstances are as simple as stated. Repossession is a civil law procedure, not involving criminal law -UNLESS- the vehicle HAD already been re-possessed and you went and took it back from the repossession impound lot, or the repossession agent or the bank. If it had already been taken and impounded then, yes, you could be charged with auto theft.
As a repossession investigator and agent liason, I can tell you that yes, in fact, I know of several instances of felony charges being filed against an individual for hindering repossession of a vehicle. Your lawyer's response may have been motivated more by the fact that he felt confident that he could successfully prevent prosecution, but nothing will prevent the vehicle from being repossessed aside from the destruction of the vehicle. In the event the possessor of a vehicle under repossession were to destroy a vehicle to prevent that repossession, he could then be charged with malicious destruction of private property and hindering a lender.
Yes. A repossession agent can secure the vehicle anywhere he finds it with some limitations, provided he has a valid order for repossession.
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