Re-possession

I don't believe I have all of this right. Seems like I saw a report in CA it is legal for tow truck operators to tow away ANY vehicle with expired tags in a public setting, such as an parking lot. Some tow truck operators cruise apartment complex parking lots looking for such after midnight on the first of the month. To get vehicle back owner has to pay late registration fees and towing/storage charges. Problem is it is open ended for the tow trucks and some, in all likelihood, go to chop shops instead. Your vehicle is gone in the morning, you call local authorities who check and they tell you your tags were expired and a tow company likely has your vehicle. OK, but which tow company?

I agree with others. Had the tow truck personnel simply showed the repossession order/paperwork this problem would have solved itself.

Some just don't get it that trespassing is a LEGAL definition, varying by state. IF Alaska law allows repo people on private property and IF they are not legally bound to show proper paper work to "whoever", they did nothing wrong. In some states they only have to show it to the person who took the loan--in this case, that MIGHT be just OP's son. Before jumping to conclusions that the repo people were all wet, it might help to check the law. I'm still confused as to why the truck was at the OP's place instead of at son's. IF I were in repo, it would "look like" hiding the truck.

To all the big talkers: pull a gun on or physically threaten someone and THEN find out they were not breaking the law. Maybe we will all chip in for a magazine subscription if you let us know what prison you are in.

There is something I have been thinking about since the start of this thread. If it is considered theft of a vehicle it a repo man takes the vehicle wouldn't the owner have to be the one to file theft charges?
If that is true, isn't the bank the owner as the person didn't make the payments and the vehicle would revert back to the bank?

I am not trying to start a fight, but it seems to me you should be mad and disappointed with your son for not honoring his commitment to pay his debt. The bank is a business and when he did not pay, it forces the bank to use the messy means of repo. The bank can stop doing repos, but then they also can't give loans to high risk people so your son would not have had a car to repo.

To clarify what I am trying to say, since two posters took a previous post of mine out of context, I will restate what I said.

If the supposed repo company employee does not have the proper paperwork to present to the person, how does that person know that the supposed repo employee is who he or she states she is? Refusing to present ID and paperwork would raise a red flag that the person could be a car thief.

If the repo employee has the paperwork and refuses to show it, and I know for certain that I have not let payments lapse (if I did sometime have something on payments) how can I contest the issue? The person trying to take my vehicle insists that he or she is in the right when they could have my vehicle confused with another because the address is in error on the paperwork or the driver misread my address instead of being at the correct one to pick up the correct vehicle.

I am not saying if you made the mistake you should not live with it. I am trying to emphasize that repo employees should be more professional and present proper ID and paperwork to make sure they really are in the right. If they repo the wrong vehicle because they are so headstrong sure they have the right one, they are committing a felony because their paperwork, which I presume includes the vehicle identification number, is not for THAT car but for one they did not repo.

In a case where the repo person is repoing the wrong vehicle, I think the employee deserves whatever response he or she receives. It is in their best interests to be professional and ought to operate well within the law. The alternative is being shot at, maimed or killed because they decide to act like thieves rather than legally operating employees acting on behalf of a financial institution.

There are always unintended consequences when one wishes to act like a criminal and state one is just doing a job.

There is a reason I have two sets of locked gates between me and the outside world. It keeps out those who might get the private lane I live on confused with the public road, which have the same name, but different road classifications. It also indicates to me that the person coming up my driveway in the middle of the night is not a family friend or relative, whom call before coming over to make sure I am home, rather someone up to no good nor are they an emergency response (fire department/ambulance) vehicle called to my homestead for an emergency. As such, I have every reason to expect that person to be a motivated criminal and I respond appropriately.

Since I have no property purchased on time (payments) there is absolutely no reason for anyone to come to my homestead to repossess anything. All that I have is paid off. If a repo employee, mistakenly thinking something of mine is his or her repo vehicle, decides to steal my property that person will be having a rather bad day, made worse the more they threaten me and tell me they are in the right, especially if they refuse to present ID and proper paperwork that could have avoided the situation. That headstrong determination by the repo person would likely have fatal consequences for him or her if they tried to do it at night because of the aforementioned situation of my homestead.

We expect lawyers, doctors, accountants, nurses, law enforcement officers and judges to act professionally. We expect mainstream business owners and employees to act professionally. Why should we not expect speciality business owners and employees, like those working in the reposession and tow truck industry, to also act professionally?

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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

Naw just meet them at the door bare naked and point out to them "ya may not Know this since you are Blind but there is a no tresspassing sign at the end of the drive to prevent embarrassment." if they at that point act sighted screaming like a little girl seems to hurry them on their way.

reluctantpatriot--you have to live by the same rules you want the repo people to live by--that is, obey the law. Try shooting someone under your rationale and you will justifiably face prison or worse.

I could try explaining myself for a third time, but it would be a waste in effort.

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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

In Alaska we have the right to shot at those doing illegal activities. We even have the Gov. making radio daily announcement -public service messages. Come on Hoof none of my New York relatives believe me about the radio ads. Defend me Please.

Note. we in Alaska do not have enough police coverage for the area and I was told that that is why we are encouraged be become carry concealed weapon carryers.

Free... you stated that your son wouldn't likely do anything like this again soon. I assume that means that you think he learned from the situation, but I fail to see how he's learned the depth of the issue if you paid to get the truck out of hawk?

I think he's learned, but I think he's learned that his parents will bail him out if he really screws up. The learning that sticks is the memory that is associated with a strong emotion. IN this case that strong emotion could have been a sense of loss, anger at the bank, self-hatred with spending habits, pain through earning enough money to get a truck again... and so on. The only emotion here was a bit of fear, and then relief as you helped him out.

Ron

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When faced with issues in life, where do you look for the problem; out the window, or in the mirror?

Self defence is expected here in Alaska.....maybe not in Anchorage, or other incorporated cities where there is actually a police force, but in general-you don't wait for the Troopers to show up if things are going south in a hurry. Their mission is NOT to protect you, by the way, but to enforce the law.

Was at a picnic one fall day and a loopy neighbor of the gal that owned the place, starting shooting. A number of shots came our way. We scattered, diving for cover and I had a cell phone. Called the Troopers-took them 21 minutes to arrive on scene.

That's a fairly quick response considering the area they cover and how far away we were from the outpost (35 miles).

After the idiot was hauled away, and I had a few days to get over the incident, I concluded that the Troopers have brass ones-to walk into a wooded area and confront a drunk/high man with a large caliber rifle. Brave souls, they are, no matter what.

Oh and in case anyone ever wanted to know....shots going by at a certain distance from you, sound nothing like they do on TV.......

Yes I did bail him out for the moment and agree that throwing cash at him does not help him. We structured a payment plan and some work he could do around the homestead in leiu of cash. He has been own his own for over a year and has almost made it completely without our financial help. (I contribute some to tuition and books.) He has held a steady job since he was 16 and has proven himself responsible (until this incident) I have never had to bail him out before and since he is my son I figured the least I could do was to give him one chance. It wasn't going to help his situation to lose his job and screw up school. One of the reasons he did not come to us sooner was our firm stance that he is own his own and should not expect money from us, free meals at our place, but no money.

His trouble started when he was picked for a student firefighter/EMT job. While he is on a great career path his pay was cut by over 30% from his previous job leading to his financial short comings.

I have nothing, vehicles nor home, financed by the bank and I was concerned when he had decided to buy his truck on payments. I advised him that he was cutting his budget too close and that a change of his financial situation could be disasterous, and it was. I only regret that he didn't come top me sooner so I could have helped him figure a way out before it reached critical mass.

I believe he learned a huge lesson and he knows he gets no other chance.

Since I haven't been afforded the opportunity yet, I cannot say that I wouldn't do the same thing in your situation.

Back to your original post: Legally you'll have to get an opinion from a lawyer that practices law in your local area.

I would resist having anyone come onto my land that I didn't want there, regardless their opinion on rights. I'd likely call the police - on the regular dispatch number - and have them come out BEFORE I let the people do anything.

Another point, I think it's not trespassing if it isn't posted and if you haven't asked them specifically to leave. Once you've done that, it's trespassing.

I would gladly hold a gun on anyone on my property if I felt that they were endangering me or my property (argue about whether or not the truck was separately). Again, I'd keep them at bay with their hands off until the police arrived. Believe me, they would stay. If told to let them take it, I would

R

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When faced with issues in life, where do you look for the problem; out the window, or in the mirror?