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Thread: Repo's

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    Toeknee112's Avatar
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    Repo's

    Maybe someone working in Houston (or anywhere in Texas) can answer this one for me...
    I was watching the Repossession show on the Discovery channel. Both of these incidents happened in Houston and both were caught on tape by this particular repo company that tapes all of their jobs.
    In one, they were getting a truck out of a driveway during daylight with a marked Repo tow truck and the owner came out with a handgun and fired several shots at them. They took off, the owner hopped into another vehicle and pursued them down busy streets and shot a couple more times at them from a moving vehicle. They finally pulled over in a busy area and the owner came out of the vehicle with the handgun and threatened them. One of the repo guys grabbed the handgun and they were finally able to wrestle the gun from him. By this time the PD showed up.
    The dispo was: the owner was given his gun back and not charged with anything and the repo company took the vehicle.
    In the second incident, they were trying to take a truck from a residential driveway when the owner came out and started a fight. He said he had a gun in the truck and would kill them. As he was trying to get into the truck he hollored for his brother to go inside and get a rifle. The brother ran into the house and as they were starting to drive away the brother shot at them with a 22 rifle. One of the repo guys ran up behind him and grabbed the rifle out of his hands and smashed it in the street. The police came and the dispo was: to "keep the peace" they ordered the repo company to unhook the truck and give it back.
    I'm not even sure what the repo laws are here in
    California but it seems that assault with a deadly weapon and discharging a firearm in city limits and firing from a vehicle would have been in order.
    Any ideas???

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    Addressing Repo laws in california. California is a "self help" state. If the repo man can grab the vehicle without the police's assistance and without interference from the registered owner, then it is theres. Various CA codes state that police cannot get directly involved in a repossession. Additionally, if the owner objects before the car is hooked up, they cannot take the car. (doesn't mean they can't come back later).

    A Repo man can enter private property to repossess a car, but the owner has the right to conduct a citizen's arrest for tresspassing against the repo man.

    The bottom line is that if you can snatch and grab the car in a quick manner, then it is yours. Otherwise, you had better leave it or lose your license.

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    Toeknee, both the officers in your example, if everything went like you said, should be fired. You dont put reckless shooters back on the street "to keep the peace". If I tried hard enough I bet I could have both those officers charged with reckless endangerment here in Ga.


    Norm
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    the problem is that it's all civil. the repo company has to have certain documents with particular information on it and all notices must have been sent before the vehicle can be repossessed. since there is so much to it, it's best to just stay out of it. the state draws out the great deal of liability that a secured party can incur as a result of a problem in a repossession of collateral. i don't really want to be a part of that liability.

    in texas, you can shoot someone who you believe is committing theft at night and there is likely no other way to recover the property. if someone was actually hit by gunfire, i'd arrest them and let a grand jury decide on whether it was just or not. if they were randomly popping off rounds into a neighborhood, they're probably going for a ride for deadly conduct.

    there is a cirminal law for hindering secured creditors, but it doesn't necessarily apply to those who sneak up in the middle of the night to take a car out of your driveway.

    with all the crap that goes along with a repo, it's best to keep your intervention to a minimum and send the repo guy on their way.

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    with all the crap that goes along with a repo, it's best to keep your intervention to a minimum and send the repo guy on their way.


    So you would have let the debtors who fired shots go on there way too? That's nuts!

    Norm
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    Originally posted by P01IC3M4N
    the problem is that it's all civil.

    in texas, you can shoot someone who you believe is committing theft at night and there is likely no other way to recover the property.
    I figured that whether or not they properly took the vehicles was a civil matter and the show mentioned the law that is still on the books about shooting someone at night but both of these incidents happened during the day. Of course everything is all edited down for TV so its hard to say exactly what was done or said by LE. I just thought it was strange that shots were fired in residential areas during both repos with apparently no further action taken against the shooters.

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    Originally posted by Toeknee112
    I figured that whether or not they properly took the vehicles was a civil matter and the show mentioned the law that is still on the books about shooting someone at night but both of these incidents happened during the day. Of course everything is all edited down for TV so its hard to say exactly what was done or said by LE. I just thought it was strange that shots were fired in residential areas during both repos with apparently no further action taken against the shooters.

    Toeknee that would be piss poor police work. You know the kind that tv likes to show.

    Norm
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    Originally posted by Norm357
    Toeknee that would be piss poor police work. You know the kind that tv likes to show.

    Norm
    Thats true. They never did show the locals when they were taking action...just the announcer saying, "the subject was given his gun back and was not placed under arrest" and the "in trying to keep the peace" remark. I thought maybe no arrest because the repo company didn't want to press charges but that wouldn't make any difference would it?

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    Originally posted by Toeknee112
    Thats true. They never did show the locals when they were taking action...just the announcer saying, "the subject was given his gun back and was not placed under arrest" and the "in trying to keep the peace" remark. I thought maybe no arrest because the repo company didn't want to press charges but that wouldn't make any difference would it?

    I can't speak for Texas but here in Ga they would at a minimum be guilty of discharging a firearm in a residental area. A misdimeanor. I would go for the more serious charge of attempted murder. I tend to hold gun owners to a higher standard.

    Norm
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    Ga.? All of my moms relatives are from Gainseville...we lived there for a while when I was in the 6th and 7th grade (Early 70's). My grandfather was a corrections officer at Arrendale for many years.

  11. #11
    sbrad Guest
    Originally posted by Norm357
    I can't speak for Texas but here in Ga they would at a minimum be guilty of discharging a firearm in a residental area. A misdimeanor. I would go for the more serious charge of attempted murder. I tend to hold gun owners to a higher standard.

    Norm
    Georgia doesn't have an "Attempted Murder" statute. They would be charged with Aggravated Assault.

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    Originally posted by sbrad
    Georgia doesn't have an "Attempted Murder" statute. They would be charged with Aggravated Assault.

    Thanks Sbrad!
    "In memory of DCLaw- EOW@RealPolice 02-20-2007.
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    Anyone who fires a gun with the intent to hit someone (or was great risk of hitting someone thur negligence or recklessness) needs to answer for it. The DA needs to get a report. Whether that person is arrested depends on how much of a continued danger they are.


    If someone drive down the street shooting from a car at another car, his *** needs to be cuffed & stuffed.

    Repo is a civil matter. Shooting at someone is a criminal matter. The dispostions of these two are mostly unlrelated (unless you have a state law that protects the shooter if he reasonably believed his car was being stolen. He'd have a tough time convincing *me* that he 'could not possibly recover the car any other way' if he knew his car was in repo proceedings and it's being towed away by a marked tow truck with company name, license# on it. He could follow and guide police in - gunshots were not necessary or justified.)

    They should have unhooked the car and given it back (per repo law) and arrested the shooter for ADW, reckless endangerment, discharge firearm on a public street, discharge firearm over a public street, discharge firarm within 500feet of an occupied strudture, discharge firearm towards occupied structure (downrange in an urban environment). Overcharge him and let him pleade down to a single ADW or something.
    Last edited by Scruit; 12-01-03 at 01:23 PM.

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    Originally posted by yahcanmicrowave
    A Repo man can enter private property to repossess a car, but the owner has the right to conduct a citizen's arrest for tresspassing against the repo man.
    Next time you buy a car, look at the financing agreement. You sign away your right to do this! You concede that it is OK for an agent of the bank to be upon your property.

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    Where's TX on this matter? I'd like to know what the exact law is. I saw that episode months ago and know the law about being able to shoot someone that is taking your vehicle as long as its at night. I mean if i saw someone taking my car from my driveway (marked tow truck or not) its theft in my eyes and i'm coming out with my gun. Still I pay my bills so there shouldnt be a repo man coming at all.

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