Can you be charged for retrieving personal items from lessee's property?

Answer 1

Okay folks, I am a driver of a repo truck in South Florida. I do not own the company, I just drive for them and yes, I very much enjoy what I do. I do not consider myself a scumbag, nor am I rude, demeaning or disrespectful to debtors, I go out of my way to be polite and courteous to them as possible.

It's true that a debtor that has had their vehicle repossessed can be charged for the inventory, storage and return of their personal property that was in the vehicle at the time of repossession. They can be legally charged up to $200.00 for this in Florida. However, If I have contact with the debtor during the repossession I will offer to them a trade. The keys to the vehicle for the possessions in it. Much to the chagrin of my employer, I strongly stress to the debtor that it is in their best interest to remove all of their personal belongings from the vehicle that they do not wish to buy back. Most of these folks appreciate my candidness with them and one even left a $20.00 tip at the office for me when they redeemed their vehicle.

I understand that not all who have fallen behind with their vehicle note are deadbeats, (some are, but not all) and I try to interact with them accordingly.

As far as I can tell, only 2 states allow for and require charging for PP. California and Florida. Otherwise, its ILLEGAL..!! FordMotorCredit does NOT allow its repo contractors to charge for PP by its contract with them. To do so is called "CONVERSION".

This is correct as far as the legality of charging for the retrieval of personal property in the state of Florida. According to Florida Statute 493.6404:

"Should the debtor, or her or his lawful designee, appear to retrieve the personal property, prior to the date on which the Class "E" or Class "EE" licensee is allowed to dispose of the property, the licensee shall surrender the personal property to that individual upon payment of any reasonably incurred expenses for inventory and storage."

:Check with your Attorney General's Office on the law regarding being charged a storage fee for your personal items in your repossessed car. In Maryland the law is the towing company can charge only for the storage of the vehicle. A repo company cannot charge a fee for storing personal items, only the storage of the vehicle. It didn't matter that the repo company had something worked out with the finance company. You can probably find most state laws online. If that confuses you, call your local Attorney General's Office Consumer Protection section. It may not be that all states have the same law that Maryland does, but you'll never know unless you ask.

I also found the following online regarding Florida law regarding personal property:

493.6404_Property_inventory;_vehicle_license_identification_numbers.--">493.6404 Property inventory; vehicle license identification numbers.--(1) If personal effects or other property not covered by a security agreement are contained in or on a recovered vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicle, farm equipment, or industrial equipment at the time it is recovered, a complete and accurate inventory shall be made of such personal effects or property. The date and time the inventory is made shall be indicated, and it shall be signed by the Class "E" or Class "EE" licensee who obtained the personal property. The inventory of the personal property and the records regarding any disposal of personal property shall be maintained for a period of 2 years in the permanent records of the licensed agency and shall be made available, upon demand, to an authorized representative of the department engaged in an official investigation.

(2) Within 5 working days after the date of a repossession, the Class "E" or Class "EE" licensee shall give written notification to the debtor of the whereabouts of personal effects or other property inventoried pursuant to this section. At least 45 days prior to disposing of such personal effects or other property, the Class "E" or Class "EE" licensee shall, by United States Postal Service proof of mailing or certified mail, notify the debtor of the intent to dispose of said property. Should the debtor, or her or his lawful designee, appear to retrieve the personal property, prior to the date on which the Class "E" or Class "EE" licensee is allowed to dispose of the property, the licensee shall surrender the personal property to that individual upon payment of any reasonably incurred expenses for inventory and storage. If personal property is not claimed within 45 days of the notice of intent to dispose, the licensee may dispose of the personal property at her or his discretion, except that illegal items or contraband shall be surrendered to a law enforcement agency, and the licensee shall retain a receipt or other proof of surrender as part of the inventory and disposal records she or he maintains.

Answer 2

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.

Answer 3

Personal property, as opposed to real property?

Sure. Cars are personal property.

Diamond wedding rings are personal property.

Etc.

If you pledged it as security...it certainly would seem that was even your intent to allow for them to do, if you failed to do (pay) as you promised.

Can someone repossess your toothpaste and toothbrush...I guess after getting judgments or such, technically yes...but they simply wouldn't be interested in doing so.

Answer 4

"Lessee" is the person owning the property or who grants a lease. I suspect that there are may be some facts that are not included in this queestion. Is the lessee holding the items as a deposit or as collateral for unpaid rent? (he may need a court order to do that). If you go on the lessee's property to remove your items from it you may be charged with any number of offenses (i.e. - trespass - burglary - theft - unlawful entry - criminal mischief - etc.) In other words - if you no longer live there but believe that you still have personal property there, it would be wise to first ask the police to accompany you to get your items. If they do not/will not, then your best alternative is to get a court order, because if you"trespass" on his property (for WHATEVER reason) you could be arrested.

Answer 5

You certainly can. Its illegal NOT to let you get your PP. There will be a charge for inventory and staorage of iy.

Answer 6

YES, you can. The lender or repo company CANT keep your PP. They may charge you a fee for inventory and storage but they cant keep it.