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Repossession

Can they legally move another car in order to get to the one being repossessed?

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2015-07-15 21:39:14
2015-07-15 21:39:14

Why should they have to move anything? Why dont you move it?? Are you trying to "HINDER A REPOSSESSION BY LENDER"??? In some states that is a Class 2 FELONY.

NO. they can not touch other vehicles. you however *may* be compelled by law to grant access to the repo agents.

Try again, both of you. The Court decisions rendered in most states under 15 USC 1692f, and the specific laws regarding self-help repossession under most state statutes hold:

1. "Hindering a Secured Creditor" requires an overt and intentional act to prevent the secured creditor from enforcing his interest (e.g. pawning an item known to be subject to another security interest, but representing it as your own). Parking your car in a particular parking scheme does not, and has never, qualified.... so quit trying to scare people, and thus get yourself in trouble under the Fair Debt Collection Practices Act.

2. The moving of another locked vehicle (presumably by using a tow truck to pull it, but the "how" isn't relevant) to gain access to a vehicle is clearly prohibited. The act of moving the vehicle, regardless of purpose or duration of time, is taking "custody and control" of another's personal property to which you have no legal interest, without their consent, and as such qualifies as "Theft by Unlawful Taking (Automobile)" or at best "Unauthorized Use of an Automobile"; both of which are felonies, and are certainly considered a "breach of the peace" under the UCC.

My advice to the repo guy, move nothing, especially a car, unless you want the debtor to own your, and your employer's, business and assets for a very long time to come. In most states, such an act not only results in treble damages to the debtor, but also criminal prosecution. This from a KY attorney. Consult a reputable attorney for advice... MAPOTHER (do a google search) is a good source for background info.

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No. That would not only result in a breach of peace charge, but probably trespass and tampering with private property as well.

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