answersLogoWhite

0


Best Answer

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.

User Avatar

Wiki User

โˆ™ 2015-07-15 21:39:14
This answer is:
User Avatar
Study guides

Health

21 cards

Im with someone in the army and we want to get married asap but would he get into trouble he is 21 and im 16

What does teachorous mean

What is the first aid treatment for arterial bleeding

What is the difference between an intentional and unintentional injury

โžก๏ธ
See all cards
3.38
โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…
45 Reviews

Add your answer:

Earn +20 pts
Q: Can they legally move another car in order to get to the one being repossessed?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Is it legal to remove another person's car in order to get to the car that is being repossessed?

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


Can a trailer be taken that is attached to a truck being repossessed?

They can only take whatever it is they have an order of repossession for - if the trailer is not included in their order of repossession, they cannot take it.


If a car that is being repossessed is at a residence of someone else and a vehicle is behind the car to be repossessed can they move it lawfully?

No. Absolutely not. If they enter a vehicle they do not have an order of repossession on, they've committed a crime. They may enter the vehicle they are there to repossess, and only the vehicle they are there to repossess.


Can a vehicle be repossessed by judgment order if there is a lien on it?

YesYes


You are pregnant by another man but still legally married?

The law will presume that your husband is the father. It will take a court order to change that.


How old to legally drive?

You have to be 18 or 21 in order to legally drive.


Can a police officer of government official legally coerce a citizen to enter another citizens home in order to retieve what maybe illegal in order to make an arrest and prosecute?

No


What personal information can your lender legally require in order for me to get your repossessed vehicle back?

No more than they asked on the application when they loaned you the money. Name, current address, current pH #. SSN, ect. the usual. What are they asking for that you cant give?? Ins, info??


How can a 15- year old legally leave home in Alabama?

They would have to have parental permission. Another method would be to get a court order.


In the state of NJ can you terminate your own parental rights?

You can't terminate your obligation to support your child. That type of order must be decided by a court and only when the child is being legally adopted such that another parent will be responsible for the support of the child.


Can a 16 year old leave home and move in with another family member legally?

Only with parental permission or a court order can a 16 year old move out of the parent or guardian's home legally.


How long and what legally could happen to someone who hides a car in order to avoid being repossessed?

What you describe is called "Hindering a Secured Creditor" in most states and ranges from a high misdemeaner to low grade felony. WHY risk it over a car? There are a zillion other cars for sale. How long?? IF the lender goes in the direction, warrants never run out. Think about before you do it.

People also asked