Is it legal for you to shoot the Seven Eleven clerk because they are doing their job. While I know Texas is a little bit different when it comes to protecting your property, as long as the Agent is acting in the scope of the law, then NO you can't shoot them.Just remember if you breach peace first, he may just breach it back. If that was me, you better kill me with the first shot, or I WILL shoot you back.
it is illeagle to shoot anyone anywhere unless you life is in imediate danger. Different states have different measuring sticks but someone stealing your car is not justification. If you saw someone taking your car and turn around and get a gun and shoot that person youd better kill them because this is America they can sue you.Yes it is legal to shoot the repossessor. See Texas Penal Code 9.42."Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury."
This is one of those questions that the answer depends on who you talk to. As a repo agent I have tried to find the answer and it has been difficult. I believe the answer is yes, but if the repo agent damages the car he is moving then (of course) he is responsible, just like he would be responsible for damage caused to a vehicle he was repossessing.
this is a GENERIC definition... BOP is usually decide in the APPEALS Courts. Links at the bottom Breach of Peace. However, even if there is a right to repossession, the repossession agent cannot Breach the Peace in conducting the repossession. That means that the repossession agent in repossessing the vehicle cannot: forcibly remove you from the vehicle; stop you on the street or highway like a law enforcement arrest; enter a closed garage or your home; break into your house; create a disturbance such as a fight or other altercation; threaten any of the above actions; or pretend to be a law enforcement officer while conducting the repossession. If any of these actions occurred you should immediately contact an attorney. courtstuff.com
Till they find it.
I am a repossession agent in Virginia it takes 2-3 months of not paying before the repossession status occurs.AnswerI am a repossession agent in Virginia it takes 1 missed payment then repossession status occurs.
Yes. New York follows UCC laws when it pertains to the repossession of a vehicle. The borrower does not need to be notified of the action and the vehicle can be taken if it is not in an enclosed garage or locked property and there is not a breach of peace.
Pay the note or lose the car. The vehicle may be recovered from any location that is discovered provided the repossession agent does not violate the FFDCP Act or break the peace. If the debtor breaks the peace, that is on the debtor; many go to jail for such behavior.If the repossession agent is not able to notify the debtor that he has secured the vehicle, the agent is legal bound to contact the jurisdictional law enforcement agency that a repossession has taken place with 24 hours of securing the vehicle. Most contact law enforcement as they are driving away from the recovery.
No. The only vehicle that can be repossessed is the vehicle for which the agent has a valid order of repossession, OR in some cases, a vehicle the agent encounters (such as reported by a camera car) in the process of locating another repossession. Anything other would be wrongful repossession or possibly grand theft auto and extortion.
Depends upon the company/agent who has the contract for repossessing the vehicle. They only get paid if they recover the vehicle so in most cases they "look pretty hard." Please note, that the majority of U.S. states do not require a replevin order for vehicle repossession matters. However, if such an order has been issued, the person who is named can be held on a contempt of court charge if he or she tries to interfere with the repossession. Please check your state statutes concerning the type of action repossession agents can employ for recovery of the property.
After repossession, the lien holder or agent sends information on how to reclaim the vehicle; if the owner does not respond or cannot repay the outstanding debt, the agent removes all personal belongings and sells the vehicle at auction. You will then be liable for the difference in what it sells for and the balance on the loan plus repossession fees.
Apparently, it is legal for the owner -- in this case, the title holder -- to repossess an automobile so long as the repossessing agent does not break the law in the repossession process.
Yes. It is perfectly legal for a repossession agent to take possession of a vehicle when they are acting on behalf of the lender. The repossession agency does not have the option of allowing the borrower to retain the vehicle even though proof is presented that payments have been rendered. Such issues are strictly between the borrower and the lender. The lender and/or court being the only parties that can rescind the repossession action.
after a legal process the lender can both sue and have you arrested.
Regardless of who the agent is that actually repossesses a vehicle the responsibility will remain with the agency that actually accomplished the repossession, however, the Creditor is ultimately responsible for the actions of the agents that they assign an account to. The assigning agency, if they had no actual part in the repossession will probably not be responsible.
If the cobuyer is in possession of the vehicle in this scenario, then eventually the lender will put it out for repossession. Once located, the repo agent will secure the vehicle or will have it assessed for the lender to determine if they want it or not, if it is worth repossessing. Either way, if you are the primary on the account, it will negatively affect your credit. It might be better for you to contact the lender and divulge the location of the unit. As a signer on the loan, you have the right to sign a voluntary repossession and surrender the vehicle. In light of the irresponsible behavior of the cosigner, it is the right thing to do.
Then they're liable for the damages. You need to file a police report immediately.
WHAT CITY / STATE IS THE VEHICLE IN? YOU CAN EMAIL ME DIRECT @ SOUTHERNWRECKERSERVICE@YAHOO.COM
You will get arrested because the government can track you down. BEWARE!
No, that would constitute a "breach of peace" . However the repossession agent can call the police and request assistance some departments will comply, many will not due to the fact that it is a civil matter. However, if the repossession agent has a replevin order from the court the police will assist him in recovering the vehicle.
Yes, he can cause damage, but then he has to pay for it. In the majority of cases if the vehicle property is damaged the lender is responsible. not the repo agent. Repossessing agents in the majority of states are required to have a "hold harmless" agreement signed by the lender/lien holder. This releases the repo. agent from being responsible for any damages incurred to the vehicle or other property.
Yes. The repossession fee is like a tow bill. They did pick up the vehicle. The storage fee is the time it takes to get the vehicle off of their lot. Each day adds another day of storage fees.
No, a juvenile cannot enter into such an agreement and the repossession agent could be held legally accountable for attempting/taking part in such action.
When you purchased the car, you may have received a lien title from the state. This is not a clear title of ownership. The lender in essence still owns the vehicle, at least part of it. It is held in security for the loan. If you are a repossession company or agent, you will be required to have an order of repossession. But, if you are a repossession company or agent, you should already know this.