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View Full Version : Repossessing


lilteacup
01-29-05, 01:37 PM
Can a person be arrested for not assisting a repo-man in acquiring a vehicle, such as not moving cars that are in his way?


ChesCopPodz
01-29-05, 01:41 PM
Nope. It's a civil matter.

lilteacup
01-29-05, 01:44 PM
Thanks bunches! :)


1099hunter
01-29-05, 01:45 PM
Nope. It's a civil matter.


Hmm. Just about say's it all.

K9Gunner
01-29-05, 02:13 PM
No, and in Ohio, if the repo agent goes anything to "disturb the peace" is it a void repo, and he can be charged. Also the owner has the right to tell him to leave the property, and he must at that time.

"It is a civil matter" sums it up well.

Oldbillplod
01-29-05, 02:13 PM
Don't know about anyone else I want to know the circumstances now

lilteacup
01-29-05, 02:22 PM
Were you wanting to know more Oldbillplod? I want to know about that quote of yours. It is mind boggling.

Ranger__101
01-29-05, 04:03 PM
Here's a hit for you. If you are that benind and the lendor has sent your car to be repossed. I would make every effort to work with them on a payment schedule.

Repo men are very good and they will find your car at a time when it's not appropriate for your and they'll take it. It is fair game on any public street or any where else they are allwed such as a mall or grocery store.

In MN if it's on your property and they have clear access to it they can take it. If you fight them or prevent them, they'll contact the local PD and you could be charged because they are agents of the vehicles owner and you are prevent the owner from recovering their property. Remmeber a Repo man has a legal document from the vehicles owner to take possession of the vehicle.

Now on some one elses private property the repo man can be told to leave the property and not return, but they'll get the car somewhere else. I've seen it done at a gas station as they went to fill up. Only takes 20 seconds to hook and tow.

You really don't wan't to head out to your car after work and not have it in the lot.

lilteacup
01-29-05, 04:19 PM
Well, I was wondering if they had to sue and get a court order or is the car contract enough to get the p.d. out to one's house? The people in question hope to pay off said vehicle before court order.

Ranger__101
01-29-05, 04:55 PM
Nope, they don't need to sue. The failure to pay on the lien is enough for them to pick up the car.

Just another hint. It's going to be one hell of a ding on their credit if the repo man gets the car versus volunterily turning it into the lienholder or getting the loan paid current.

K9Gunner
01-29-05, 05:04 PM
In Ohio the Police are not allowed to be involved. We had a dept get sued over just standing by as a peace officer. Since it is a civil matter the Police cant be involved. It was considered intimidation in the suit, which we all know is not true, but it is Ohio law now.

Ranger__101
01-29-05, 05:08 PM
Strange. How can that be considered imtimidation when all you are doing is observing that the property owner rights (the lienholders) are not being abused by the lienholder?

Does that also mean that in Ohio the police won't standby to assist other property owners from retreiving their stuff. Around here the PD's get called all the time to assist one party from removing stuff from anothers house when they can't agree on letting the property owner have their stuff back.

Group9
01-29-05, 06:54 PM
Strange. How can that be considered imtimidation when all you are doing is observing that the property owner rights (the lienholders) are not being abused by the lienholder?

Does that also mean that in Ohio the police won't standby to assist other property owners from retreiving their stuff. Around here the PD's get called all the time to assist one party from removing stuff from anothers house when they can't agree on letting the property owner have their stuff back.

A lot of states look at a disagreement over whether or not someone is in a breach of contract to buy and pay for a car as....... a contract dispute. One party is obviously in breach of the contract, but how do you tell which one it is if the repo man says they are in arrears and the person in possession of the car says he is not?

Asking the police to arbitrate that dispute is asking them to do the job the courts are supposed to do. That must be fun to work in a state where they expect the police to do that.

txinvestigator1
01-29-05, 07:01 PM
32.33. Hindering secured creditors.

(a) For purposes of this section:

(1) "Remove" means transport, without the effective consent
of the secured party, from the state in which the property was located
when the security interest or lien attached.

(2) "Security interest" means an interest in personal
property or fixtures that secures payment or performance of an
obligation.

(b) A person who has signed a security agreement creating a
security interest in property or a mortgage or deed of trust creating
a lien on property commits an offense if, with intent to hinder
enforcement of that interest or lien, he destroys, removes, conceals,
encumbers, or otherwise harms or reduces the value of the property.

(c) For purposes of this section, a person is presumed to
have intended to hinder enforcement of the security interest or lien
if, when any part of the debt secured by the security interest or lien
was due, he failed:

(1) to pay the part then due; and

(2) if the secured party had made demand, to deliver
possession of the secured property to the secured party.

txinvestigator1
01-29-05, 07:02 PM
I meant to add this before the above;

In Texas if the Lienholder obtains a Writ of Sequestration a Deputy Sheriff or Deputy Constable will accompany the recovery company.

Failing to cooperate with the writ can get the person arrested.

Also Texas has a criminal law called 'Hindering a Secured Creditor.'

K9Gunner
01-29-05, 07:14 PM
Strange. How can that be considered imtimidation when all you are doing is observing that the property owner rights (the lienholders) are not being abused by the lienholder?

Does that also mean that in Ohio the police won't standby to assist other property owners from retreiving their stuff. Around here the PD's get called all the time to assist one party from removing stuff from anothers house when they can't agree on letting the property owner have their stuff back.

Ohio per the ORC is considered a self help state. Now to be honest I am not sure exactly what that term means. We are by law not allowed to be at the scene of a repossession, and if we intervene, it is a lawsuit. Our agency got sued, and lost big time, so we got a 6 page policy on repossessions. We will do a peace officer detail, but it is only for living elements, meaning you can get a little clothes, toothbrush, and that is about it! On top of that we can leave a peace officer detail at any time, and as long as we advised both parties we are out of here... we are not liable, as Group 9 said, this is a civil matter and a job for the court. They can not require us to step into a civil matter.

mcsap
01-29-05, 09:58 PM
In PA it is a civil matter and I can't assist the repo guy in taking the car BUT...

I know who most of them are and am always glad to give them directions to the house they are looking for.

Run the plates on the vehicle they are trying to pick up to see if they are suspended.

Run a warrant check on the owner of the car they are looking for. :)

Cat_Doc
01-29-05, 10:08 PM
In Ohio the Police are not allowed to be involved. We had a dept get sued over just standing by as a peace officer. Since it is a civil matter the Police cant be involved. It was considered intimidation in the suit, which we all know is not true, but it is Ohio law now.

Same here in Arizona. Wouldn't surprise me one bit if the plaintiff in both those cases was the same person. Reminds me of the "Walking Man" in California a little over a decade ago. Any of you California cops remember him?

Group9
01-30-05, 12:18 AM
I meant to add this before the above;

In Texas if the Lienholder obtains a Writ of Sequestration a Deputy Sheriff or Deputy Constable will accompany the recovery company.

Failing to cooperate with the writ can get the person arrested.

Also Texas has a criminal law called 'Hindering a Secured Creditor.'

That makes more sense because the officer is enforcing an order (writ) of the court.

lilteacup
01-31-05, 03:24 PM
I agree that paying them is the best thing to do...before any of this other mess. :) Thanks guys for all the great answers.

MOCOP
01-31-05, 03:40 PM
In Ohio the Police are not allowed to be involved. We had a dept get sued over just standing by as a peace officer. Since it is a civil matter the Police cant be involved. It was considered intimidation in the suit, which we all know is not true, but it is Ohio law now.


We cannot actively assist in the repossion. However we do do civil standbys to keep the peace.