Repossession

== == * It can be very dangerous because you don't know what state of mind the individual(s) who's cars you're ordered to take back when they miss payments on them many repossessors have to catch the person when they least expect it like when they're at work or home, but using another vehicle. Some repo people do come across folks who are armed with guns to keep them from taking your car. Word to the wise don't buy a car if you can't pay the note on time because repo people are paid by the banks and car dealer ships to take back cars and items if people can't make the monthly notes on time. == == * Case in point. In Texas, the tow driver went on private property in the early morning hours, and was hooking a vehicle. The owner came out and shot and killed him. He was found not guilty. Our constitution gives us the right to protect our property. But in NJ you cannot use force unless you believe your life, or that of another is in danger. The defense is when someone whom is on your property at 2 or 3 in the morning and does not belong there, you may feel that you were in danger. But you better make sure the weapon is registered and you have a permit. There has been an some talk about new legislation. This pertains to the lender and the debtor having a contract that if the debtor cannot fulfill the agreement, he will turn the car back in to the dealership in which the lender will authorize the sale. If the owner does not comply, he will receive a summons to appear in court. At the hearing, the judge will order the owner to turn the vehicle in. This is now a court order and you will be held in contempt if you do not. You will then be arrested and have to post bail. What this law will do, once it is introduced, is to keep someone (tow driver) from sneaking around private property at 2:00 or 3:00 in the morning,and prevent possible injury to another property damage, harassment, etc., and the repo man will be extinct. This will also prevent the loss of personal property, (which the tow company states they know nothing about) and to keep the registration plates from falling into the wrong hands. It is the responsibility of the tow company to return ALL personal items, and to remove the plates off the vehicle and return them to the owner. We have had some cases where the plates from a repo'd car were used on another vehicle that was used in a felony crime. Since the tow company has possession, they are held responsible. This is only in the "talk" stage", but it would certainly prevent a tragedy in the future. Sorry guys, I have to agree with this even though it means the loss of your job as a "repo" man. == == * In response to the proposed legislation...I can appreciate the frailty of human life. When lenders have the alternative to place the danger on the repo company..$300 or so dollars, or the alternative of multiple appearances in court from an attorney not to mention the countless tax dollar expenses of law enforcement to now be bill collectors...IF the "new" law will clarify things, protect everyone involved (debtor, lender and repoman), REDUCE the costs associated with a repossession, I agree wholeheartedly. Loss of a job will hurt those who only have one skill, it will merely be an inconvenience to others. IF it only increases costs to debtors, FORGET it. Case in point, the "new" repo law that took effect in Jan, 2005. It wasn't a "reform" law, it was a REVENUE law. The ONLY reason repomen are needed is because people cant/wont face the fact that they have overloaded their budget. We will NEVER be able to change this with ANY law. You cant change human nature with laws. Once people figure out they cant pay the notes, fear takes over. It goes downhill from there. IMHO == == * In response to "our Constitution gives us the right to protect our property", it is ILLEGAL TO PROTECT PERSONAL PROPERTY WITH DEADLY FORCE. In all states, why would you think the government would give you the right to KILL someone over a CAR??? == == * because you are trespassing on Private Property, that is why. == == * In Texas you can use deadly force during the night time. It's a old cattle law from the 1800's that is still on the books and still used. A repo man was killed a couple years ago. The repo agent had the vehicle on the hook and was leaving the property and was shot in the back of the head with a hunting rifle the guy was never charged for the shooting. The law's take on this. If your on someones property at night and you shoot and kill them. Your just stopping them before they do anything else. * "it is ILLEGAL TO PROTECT PERSONAL PROPERTY WITH DEADLY FORCE" - this is simply not accurate. * ** Example from the California Penal Code: ** *** 197. Homicide is also justifiable when committed by any person in any of the following cases:

*** **** 1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, **** 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein;

1-Compression test. This tests the state of the 'bottom half' of the engine and the valves and seats. All cylinders should should be within 5 psi, and near the high end of spec. If your compression gauge is old or of poor quality or the vehicle battery is suspect, look only for equality between cylinders, not comparison to spec.

2-Running compression test. Similar to above, but also identifies the presence of many valvetrain problems such as cam wear and valve lash that a regular compression test will not pick up on. The regular test is still important though because the running test is less sensitive to effects of worn rings and cylinder walls.

3-Compare oil pressure at idle to manufacturer's specification.

4-Visually look for external leaks, especially at gaskets and freeze plugs.

5-Visually look for oil in the radiator or coolant in the oil pan.

6-Use a non-contact thermometer to measure the temperature of engine block and head(s) at multiple locations after the engine has been idling for several minutes. The head(s) should have a consistent temperature, and the block should also have a consistent (not the same as heads though) temperature.

If all of the above check out okay, the engine is good.

If it sounds good and runs good, chances are it is good. Check the oil level regularly. If the engine is excessively worn, it will consume oil. Usually this is also accompanied by bluish-gray smoke from the exhaust (oil getting past worn piston rings or valve guides into the cylinders and burning along with the fuel). Also check for oil leaks. Test drive the vehicle and check oil pressure. Most cars the oil pressure gauge should read halfway or above with the engine running and at normal operating temperature. Mileage is not the main determinant of engine condition. Engines that have had regular oil changes and have been properly maintained are likely to give reliable service for many thousands of miles. Poorly maintained engines may need an overhaul very early in their lives. You may also have a compression test done at a local shop or do it yourself simple pressure guage and that will give you a good reading on engine compression lets you know if you have good compression also lets you know if you got leaks.

It's situation dependent. In 49 out of 50 states, you would only need a CDL for that vehicle if it were either a bus designed to transport more than 15 persons (including the driver) or if it were carrying a quantity of hazardous materials which required hazmat placards to be displayed.

New York state, however, requires a CDL for intrastate commercial use vehicles with a GVWR in excess of 18,000 lbs. IMO, it's a good policy. I don't think someone without an upgraded license of some sort should be able to drive anything larger than a Class 4 truck.

There are some exceptions under the FMCSR, and to which even New York grants exceptions:

• Registered recreational vehicles do not require a CDL for personal use (although someone transporting them on a for-hire basis might), regardless of weight class. They may not operate on a for-hire basis under this exemption.
• Registered farm vehicles do not require a CDL within a 150 mile radius of the farm they operate from. They may only be used for the purposes of the farm to which they belong (and that includes transporting farm goods to market), they must be operated by the farmer, immediate family members of the farmer, or direct (W2) employees of the farmer, they must be plated as farm vehicles, and they may not be used on a third-party for-hire basis.
• Firefighting vehicles and first response vehicles do not require a CDL under the federal regs. However, many states and/or individual departments may require one.
• Military vehicle which are currently serving as military vehicles (not demilitarised vehicles sold on the civil market) do not require a CDL when operated by military personnel in the course of military activities.

When a vehicle falls under such exemptions, licencing requirements are left to individual states. Some states may have non-CDL Class A and B licenses, some states may categorise them under the Chauffeur's Licence system with endorsements for the vehicle type, and, in some states, you could operate a tractor-trailer which falls under these exemptions with the same licence you'd need to drive a regular passenger car. As you did not list a state, it's impossible to tell what your state's laws are on this matter.