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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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โˆ™ 2015-07-15 21:39:14
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Q: Can they legally move another car in order to get to the one being repossessed?
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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.

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

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

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what do I have to do to order my prescription?

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NOAnother View: If the child is legally emancipated or of legal adult age in their state, yes they can.

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What documents would you need after a repossession of a car in order to get it back?

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Can your car be repossessed from your garage on private property in CA?

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It would take a court order stating the mother cannot leave the city in order for her move to be legally argued.

Is it typical for the bank not to notify you of repossession?

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