Re-possession

comfortablynumb, you and others are skipping the very point of the original post!

The OP's question was not whether or not she had to give the truck to them or whether or not they had the right to take it or even whether or not she could shoot them, she asked if they were allowed to come onto her property WITHOUT IDENTIFYING THEMSELVES AND SHOWING PROOF OF AN ORDER TO REPOSSESS and take something that belonged to her son. Beyond that there is no argument. You can't get to the next step without being sure this guy is who he says he is.

I believe the OP said she did not know of the problem when the repo man showed up, she said her son did not live with her and was there visiting to discuss a problem (apparently being behind on the payments), and she said she only asked for them to identify themselves and prove they had the legal right to remove the truck from her property. Pretty cut and dry to me. Don't know why you keep insisting that the ends justify the means. By law, they do not.

For the record, I've never had a repo. situation.

Also for the record, I have held a shotgun or rifle in plain view while standing on my porch or balcony watching a would-be trespasser. I don't come right out with it when I see a strange vehicle, I wait until they are up to no good - like driving across my field or walking with guns or snooping around the neighbor's place. I've pointed my gun only to look through the scope, safety on, nothing in the chamber (but I REALLY avoid pointing at anything even resembling a human because you can never know if they are packing anything that can fire back, whether or not they will fire first, etc. so it's REALLY bad practice to point a gun in a human's direction unless you have already given them PLENTY of verbal and body language warning and you're SURE they either understand completely or are intent on harming you or your property). However, I'm a reasonable person that would not like to harm anyone. I would have to be pushed REALLY FAR before I did anything but fire in the air. I've fired a gun due to a trespasser exactly once - three shots straight up in the air when I discovered two of the neighbor's pitbulls chasing my horses around their pasture. There were no people with them. They promptly exited the pasture and ran for home unscathed. (I live in a rural area (not in town) where it is legal to fire a weapon to hunt, target practice, make noise, whatever.)

I know dont mind me I've got a headache.... that outburst felt good.

lol

yer right they should Identify themselves and show you the paperwork.
but "can they" come up the drive uninvited?

jehovahs witlesses and LSD missionairies do and no one whines about them or tries to shoot them.

Ok... if they dont speak or show the papers, shoot em.

Hahahaha - who says Jehovah's Witnesses and LSD missionairies don't get shot? SSS!!

Thats as hard as Ive laughed in weeks!

I had a repo man come up, sit in the truck and blow the horn. He was afraid of the wuz dog I had. He said I'm the repo man here to get that white car. I told him , he was mistaken, that car was paid for with the title in my house. He argued and I told him to leave. Then I call the police to tell them to come find this guy before someone shoots him. He kept driving by until the police caught up with him. This was before the 911 address was available and he was lost. That car was a 1977 Delta 88 with blue velvet interior, ran great with a 445, you could hear it suck the gas. It finally died in 2002.

My sil is a cop. Can a repo person legally come on your property? Varies by state. Can they legally take the vehicle without showing you the paperwork? Again, varies by state. Nothing wrong with calling 911 for fast response if you TRULY believe a robbery is in progress. Varies by state, but in some states should you "argue" while "holding" a weapon the repo people can charge you with threatening.

Again, after rereading the OP's post, it still sounds to me like whining because ds got what he deserved.

What do you do with a repo man who confuses your long since paid off vehicle, or heck even your not past due on payments vehicle, with someone else's vehicle that is supposed to be repoed? Are you going to just let that person steal your vehicle or are you going to demand ID and paperwork on the repo?

Considering theft of a vehicle, sans the proper reposession order/paperwork, is a felony the repo worker has it in his or her best interests to make sure they are all in the right with all documentation regardless of what they think they can do under the law.

I will say that as I am a licensed FFL, I operate under the presumption that all trespassers could be possible armed felons trying to break into my gunsmithing shop because that is a logical conclusion. Anyone coming through locked gates after sundown without calling ahead first would face an armed response. I also have nothing that is not paid for save for my college student loans so there is no reason for a repo company employee to come to my homestead.

I think repo company employees would have longer, easier lives if they are more professional. Honestly, someone threatening to steal my long since paid for car would likely face the muzzle end of at 12 gauge put against their skull, round chambered and safety off. I am within my rights to shoot someone I believe to be an armed felon while in the act of committing the felony. Most repo employees carry weapons of some sort, be it a firearm or iron bar or ball bat.

Now, I grant none of this relates to a repo employee pursuing the correct account for the correct vehicle. However, if such a rude person was acting against an party whose property is not the correct vehicle for that account, the situation goes south rather quickly in most rural areas.

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Again, DS got his vehicle repossessed as he deserved. I never questioned the banks right to do so, just the authority of the repo people who went through a gate, passed No Trespassing signs and failed to identify themselves and prove they were an agent of the bank. I really did not know the vehicle loan was that far in default and I still feel it is my duty to verify that people on my land are there legitimately. I would expect anyone coming on our property to do this be they police, tax assessors, game warden or otherwise.

I am amazed how various responses to my original thread have declared that I was hiding the vehicle, angry at the bank, knew they were coming and whining in general. If you come on my property prove your buisness or leave. Sorry, but I don't submit to someones authority just because they say who they are. Show some ID.

Again 911 is for life threatening emergencies. Calls of that nature should go to the general dispatch number.

I agree that they should have to ID themselves when they come on your property. I would have questioned anyone who came on my property to take someone's vehicle too. You never know if it might be a theft in progress instead of a repo. X has friends who do illegal "repo's" for a chop shop.

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In my county 911 is county goverment sponsored dial-a-prayer. The absolute best time for a response is approximately 20 minutes. In a life threatening situation you may not have 20 seconds.

For my business and my homestead, I cannot depend on a deputy to respond before I might be killed, ergo I defend myself.

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I would challenge anyone here to think of a question upon which we once had a scientific answer, however inadequate, but for which now the best answer is a religious one. – Sam Harris

Uh, what universe are you living in? LOL

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Numb, I don't answer my door, but I do keep an eye outside when folks come up. If they tried breaking in or stealing something, they might just get shot too. If someone's trying to break in, I ain't gonna to stop and ask em what their faith is!

If someone's trying to steal something of mine or someone else's that is on my property, they darn well better identify themselves. Considering the OP didn't know his son had screwed up, he had no reason to let them take it without proof don'tcha think?

can I shoot the jehovahs witlesses and claim I thought they were going to kill me?

I'm not sure that would hold up as a defense.

There's no need to be obtuse. You understand perfectly well what she was trying to say. You prefer to be difficult. :baby04: :1pig:

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I would challenge anyone here to think of a question upon which we once had a scientific answer, however inadequate, but for which now the best answer is a religious one. – Sam Harris

Hehe, thanks, I thought it was pretty funny either way!

Sure would cut down on the number of door-to-door Bible salesmen though! Judge, I thought he brought something big and black up and I coulda sworn it was a gun. Couldn't tell it was a Bible till after I done shot him and went and got my glasses. Maybe I could say I thought it was a bomb and that they were terrorists? Yep, I think that's a winner!

I guess I will have to stick to things like asking to buy their children or inviting them in for a quickie.

No one ever takes me up on those offers.

I think they should of showed you some proof of who they were too, some paperwork or something from the bank. We had some car thefts around here where some guys were simply pulling up with tow trucks and hauling the vehicles off. It looked like repos, but it was not and they got away with it for awhile, but the police eventually got them.

I imagine your son learned a very valuable lesson though.

(they really need a popcorn smiley)

another fascinating commentary.........

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If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
~ James Madison ~

Just curious: if someone signs a legal document promising to pay X amount of money per month for something and then reneges on the deal, does that mean that the buyer has also 'stolen' something? What if this were a private deal between two citizens? You buy a car off me and then quit making payments; isn't that the same as stealing from me?

I don't understand why some people are saying things like "I only had a few bucks left owing on my truck and they took it anyhow" and they are actually angry about this. Does it matter if you've 'stolen' $50 or $5000 from someone, isn't it still stealing? What if you were the one owed the money, would that make a difference as to whether a person has the right to be paid?

I do agree that the documentation should have been shown, but on the other hand, going by some of the hostile comments on the board here about what they would do to repo men if they found them on their land (even if they are harbouring stolen property!), then can you blame them for wanting to get the job done quietly?
Didn't your son talk to the bank previously? Did the bank not contact him and ask if he was going to make a payment soon? Most banks will work out a deal. It may cost him a penalty payment to do this, but it would assure him of keeping his truck. And why would they contact you at all? He's the one who signed the contract. Or did you co-sign? Sooner or later he has to deal with his own business choices and learn from his mistakes, something he won't do if his parents always rescue him.

My sister has been in a similar situation way too many times with her son. He reneges on payments, and she bails him out every time. He has no guilt over doing this on a regular basis as he feels he is entitled to special treatment. Darn that pesky, money-hungry bank for trying to take 'his' property (that he didn't pay for)! One has to wonder what will be come of him when his mother is gone. Who will save him then?

Not saying you are like my sister, but when someone becomes an adult, sometimes it is best to let them learn to handle such things on their own. I think your son was being very responsible for knowing he did wrong and handing over the keys like a rational adult. I'm betting that he has learned something: next time when he has a loan and can't make a payment, he knows there will be penalty for that. Instead of putting it off for months, he will go to the bank posthaste to do what he has to do to make things right.

DD

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