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Answered 2005-11-10 07:02:54

Yes, he can get it anywhere. No he cannot get it" anywhere".The repo men want you to think that.They can come on your property but they cannot damage your property or "cause a breach of the peace".Now this doesn't mean you have to let them, you can call the police etc.Calling the police is usually a good idea because then you have impartial witnesses.And no the cops won't arrest you. YES, IT CAN BE REPO'D anywhere,as long as it is not locked in. Yes and you don't get caught trespassing...... NO!!!!, A repo man cannot legally enter gated property to take a vehicle without the owners concent, in California. If I come out to a call like this I will arrest you for trespass if the owner wishes to press charges.

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Can the military police come to your job and pick up your car for a repo man and take it off base?

Not really, but a a repo man can with the right paper work scan and check come on to the base and take the car.

Can the repo man come on your property if you have a lock on the gate and a no tress passing sign you have filed chapter 13 but lawyer advised you to hide car until you get a court order case number?

different states have different laws... and they vary greatly. did he cut the lock off? in my state repo men can't come onto private property to repo a vehicle. in most states if someone cuts the lock off your gate and takes your car... i guess that's break in and entry/trespassing/grand theft auto. i would be suprised if a state would allow a repo man to destroy your property(lock/gate) in order to repo it. if you have a lawyer... why aren't you asking him? the easiest way is to call the police and ask them... but they may not tell you everything... or they might not even know... good luck.

Can a repo man proceed with repo after being ordered off property if he does not have a court order?

They can if they have an order for repossession. You can ask to see the order, and if they do NOT have the order, then they can not take the car. The repossession would become invalid without the order to take the car.

I told the repo man to get off the property he didn't do i have any recourse now?

Unfortunately, unless the property is fenced in with a locked gate the repossession man is allowed to come on to your property to remove the item under repossession. In fact, if you attempt to physically remove him he can pepper spray you in order to protect himself. They have the right to enter your property and reclaim the goods. However, he can not enter your home, a garage, or dwelling. If it is a car, and it is in the driveway he has the right to come on your property and remove it. They cannot move any of your or anyone's property to attain the vehicle, so if you park another vehicle in front of it he cannot move that to get to yours.

Can your car be repossessed off your personal property in North Carolina?

If it isn't locked up, yes. After the bank has finished the repo papers the car belongs to the bank. Yes they can come on your property because you gave the lender permission in the loan agreement you signed.They cannot damage your property.

If they come to repo the vehicle can you protect your property?

No. This is because it is not "your" property. If it is being repossessed, it means that the bank "owns" it since you financed it. That is why it's legal for them to take it from you. If you assault a repo man, you will go to jail. Plain and simple. The flip side of this, of course, is that the repo man is acting under restrictions as well. For example, nearly all states will not allow the repo man to "break and enter" to get the property. If you garage door or gate is open, they can go in and pull the vehicle. If its closed, they can't. That's the basic rundown, varies a lot state to state. Some states, you can open a gate or garage door as long as its not locked. Just varies. But don't assualt the repo man, and he better not assault you either.As a Repossesion Agent, I would like to say a word. Remember that the repo guy is not the one that owns the loan on your car. YOU signed on the line saying you could and would make the monthly payment on the vehicle. I, as do all Repo Professionals, understand that things come up, people get laid off, relatives get sick, etc. Things happen, and that's okay. But if you can't make the payments, you can't keep the car. If that was the way the world worked, we would all have brand new cars. Let me tell you something: I don't drive a brand new car, neither does my wife. I repo because that's how I feed my two baby daughters and my wife. That's how I keep my electricity and heat flowing to keep them warm. I understand you are frustrated and probably embarassed. But don't take it out on the repo man. He is doing his job and working hard for his family.

If your son bought an ATV and you cosigned for him and then filed bankruptcy and your son is behind on payments can the repo man come to your home every 48 hours after you told him your son moved out?

As cosigner on the loan you are equally responsible for for payment on the loan. If the lender has hired a repo company to take back the ATV for non payment, then the repo company is going to do everything possible to get it. That includes the frequent visits to your home in an effort to locate the ATV. If you want the repo man off your back, tell him where to find what he is looking for....or contact the lender and bring the loan payments current immediately.

How much does the repo man get per car or truck or motorcycle?

10% of the pay off they wont take it from you and let you keep your ride....

If you're over 90 days late is it legal for the repo man to come to your house at 1130pm and knock violently on your door and flash lights on your windows if your car was in the garage?

One the repo man starts comming around, the courts have given the car to the lending institution. The problem with your question is that the car is no longer yours. The repo man is just trying to get the banks property for them. If you can only be reached at night, that's what he'll do. If you attempt to hide the vehicle and prevent the bank from getting their property, some states will allow the bank to sue you for theft.The best advice you can get is, either pay off the vehicle or give it back to the bank and pay off the difference between what you owe and what the bank can get for it. Doing anything else will only cause a lot of problems for you.AnswerThe above is BS. Obviously written by either a lender or repo employee. If your repo man is doing these things, he is obviously BREECHING THE PEACE and can be arrested.The thing with calling the cops and complaining that your repo man is breeching the peace is that, if you feel he is, it's enough to warrant the police coming out. It's a judgment call on your part. When the police come (don't worry they won't take your car unless your repo man has a court order or writ of replevin, and he would have already brought the cops if that were true) just describe what the idiot is doing, and how he's (and his crew, there is usually more than one) making noise, scaring your children etc.That's enough to get him arrested. MANY cops already have a low opinion of repo people already, so all you need to do is give the police a reason such as BREACHING THE PEACE.Most repo guys faced with cops approaching in this situation, will leave before the cops even arrive.This whole repo wiki apparently is a front for the lending industry to use as they wish. It's so full of one-sided 'pay your bills' clap trap advice that you really have to look carefully to find any useful information in it. Good luck.

How do your get a car you own off of someones property if they wont let you on the property?

If you can prove it's yours (title, payment book, registration is in your name, etc) then the police or constable are often willing to go to the property with you to keep the peace, while you load up/start up your vehicle and leave. If that's not an option, but you can prove it's yours, then hire a repo man, (look for "Asset Recovery") or ask a beater car lot or small bank who they use for repo's. Expect to pay somewhere around $300 for the repo, and be prepared for some minor damage.

Repo will come off your credit in one year however you am getting a new job that is requiring you to pay off all your neg credit including repo So will this reopen your repo case if you start to pay?

It may reopen the repossession case, but once you pay, item will be noted as paid which should improve your score. Plus, you will have that great job and the negatives on your credit will be resolved.

Can you still register a car with the dmv if it is in default with the bank?

yes you can register your car the bank can not stop you from registering your car all they can do is try to repo it bare in mind they can not go inside a locked garage or gate to get the car the bank can only come after you civilly they cant even get a cop to get involvedif they are trying to repo it my advise is park it somewhare sfe for about three monthes they will most lkle charg off from my experience once they charg off it takes the repo man out because from how i have seen finance credit debt protcal is i believe they are really sopose to have the car when they charg off,butthey do it get over on the taxes

Can they come on private property and repossess your car in North Carolina?

It is possible for someone to come onto private property in order to possess your car in North Carolina. If you have not paid you car off, it is never yours until it is paid off.

After a car loan has been charged off as a bad debt can the repo man still recover it?

Yes, the repo man can still recover the vehicle. The term charge off only describes the status of your account with a financial institution. It doesn't resolve that actual lien that the financial institution has on the vehicle. In other words, your name is on the title but financial institution is the owner/lienholder of the vehicle until the balance on the account has been paid off.

Can you have a repo man arrested for coming on your property after being asked to leave?

no you cannot have a repoman arrested on your property, as long as all his paperwork is in order for taking the vehicle.however "," the repoman cannot cut any locks(fence lock), etc. But if its not locked they can open it and take the vehicle they have paper work on.***unless the repossession agent has an order from a judge, you can ask them to leave your property. If they refuse, you can call your local police station, and have them escorted off of your property. If they then refuse with police, they can and will be arrested.* * *

Does the repo man set the car on a dolly?

not always, sometimes they use a tow truck, sometimes the lien holders have spare keys and they just drive off.

If a repossession man is calling you to pick up a car you paid off two days ago and the balance due is 0.0 can they still pick up the vehicle?

No they cannot take your car if it is paid off. No but that doesn't mean they won't try.. When the repo company calls again, invite them to stop by and look at your paperwork. Most repo companies appreciate you showing them when the lender is goofing off with their paperwork. It saves the repo company time in running accts. that SHOULD be closed.

If an apartment complex tenant allows a repo man into a gated garage or a repo man follows a tenant inside while the gate is open is that considered a breach of the peace?

IF the agent is ALLOWED in by owner or tenant, NO. IF they break in, YES. If that was the solution to stopping a repo, all the gated communities would be full of probable repos. Then the communities would want you to move because if you cant pay your cars payments, you likely wont pay the rent either. The gates are to keep out folks with NO LAWFUL reason to be there. call a local attorney for state/case specific advise.AnswerOk here is the deal with breach of peace in this situation.A repo guy cannot trespass as he did in this situation but unless you call the police and they come in time you are out of luck.A breach of peace is just like a disturbance. If you had called the police and said some one is stealing my car they would probably tell you sorry it is being repoed,this is because the lender requires the repo guy to let the local police know they are repoing a vehicle however if you call the police with a trespass, unknown intruder or assault etc. the police will come and that could be considered a breach of peace. Repo guys lie to people and tell them if you call the police, the police will arrest you to scare them into not calling the police. Because of this Repo guys get away with all kinds of illegal activity such as damaging your property, assault,trespass the list is endless just cruise this thread. If you don't sue the lender or call the police to enforce your rights you are out of luck.You cannot be arrested for not paying your car loan period!! Having said all that it makes more sense to pay your loan,sell your car whatever you need to do to get your finances straight. Let's assume you dodge the repo guy once or twice or even get him thrown in jail that won't solve your problem, the lender will just find another...AnswerI repo for a living. Let me be clear. The repo man is allowed to come onto your property, this includes rented, to obtain the collateral. Gated or not. We cannot break a lock, but we can come on your property. When you signed the contract, you gave us this right. A trespass sign in most states means little to begin with but it doesn't apply to us, because we are not trespassing. In my state, you can legally tell the repo person to get off your property. But they can legally come right back, because we are allowed to be there. Because of this, it is not a breach of peace. Breach of peace means something was broken or they made contact with you and you fought with them. Honestly, most cops hate you when you call because repo is a civil matter. There are people being robbed and kids kidnapped, they don't care about someone who is trying to get out of turning over their collateral because they won't pay there bills. You'd be surprised how many cops refuse to help or tell the debtor anything just because they're super annoyed you called them. And as for the guy's comments below, that is not really true. Maybe some repo people, but it isn't the norm. Finance companies will ditch any repo company that gets too many complaints of illegal activity.No, the police will not come to a debtors door and arrest them for not giving up the car. If the repoman does not damage the gate going into the gated community then he is legal to do so. A repoman is required to call in the repo after he has done the repo. If the repoman is still on the property while the police are called (private property, not a complex) then the repo is done. If he is in the street when the police are called, well, you should have dialed faster.

Can someone go to jail or be charged if you dont turn in your car if its in the repo process?

In most cases no, it is a civil matter between you and the bank. They have to serve you then have a sherriff come out to get the vehicle. Duck the process server, and your in the clear. They have to go through a lengthy legal process to get to the point where they can arrest you. If you catch the repo man in the act, he has to drop it by law no matter what bullcrap line he gives you, he must drop it, so if you catch him, call the police fast and say someone is in the process of stealing your car so they respond fast, then get in your car and hold the brake or whatever it takes to keep the car on your property. When the cops come, they will send the repo man packing, but he will be back. I am a former repo man so take what I say as fact. Remember, repo men lie their asses off and say you will go to jail and etc... they will say anything to get the car cause they dont get paid if they don't get it. If you buy a car from a dealership and they "roll" you the car before the deal is funded by the bank and then they can't get it funded and wan't you to bring it back and you run, they can report it stolen, because technically, it is still their car. I hope this helps somebody keep their car a little longer till they get back on their feet.

Can the repo people keep belongings inside the car?

Yes. once they repo the car the only was to get items back is to pay off what you owe

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