Re-possession

Discussion in 'Homesteading Questions' started by freeinalaska, Dec 7, 2006.

  1. freeinalaska

    freeinalaska Well-Known Member

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    Our 19 y/o responsible firefighter/EMT/college student son messed up. He got a couple of months behind on his truck payment. While he was visiting our house a few weeks ago (with the purpose of asking for money to borrow) and I was outside in the dog yard, an unmarked tow truck pulls down our driveway, backs up to my son's truck and starts to hook a chain to the vehicle. I walk over and tell them they must have the wrong house. They ignore me and continue hooking the truck up. I then yell for them get the **** of our property and they are trespassing. One fellow gives me a smug look and says, "I'm re-poing your truck." I tell him it is my son's truck and to get his hands off of it, show me a legal repossession order from the bank and then I will leave him alone. He refuses to show me any paperwork unless I give him the keys. At this time d/s is at the scene and hands over the keys before I can tell him not to. Anyway it turns out to be legitimate and they tow the truck away, but not before I have taken photos of them, their license plates and their truck.

    At this point I am livid. Someone trespassed and messed with a truck on my property without my permission. I had no idea what company they worked for. I was upset at my son for giving up the keys without proof of legitamacy as well as not paying his payments on time. So I call the Alaska state troopers to report them as tresspassers. Well,the trooper I spoke with had no sympathy and told me at least four times that had my son made his car payments it wouldn't be an issue. I'm like duhhh. So I ask him if it's ok for some hoodlum re-po company to tresspass and take back the banks property without letting the land owner know or proving it. The trooper said it was legal. I told the cop that had I been in the house when they arrived I would come out with a gun and ordered them off the property. The trooper said if that had happened and been reported I could have been arrested.

    So when a couple of hoodlums show up on my property, attempt to tow away a truck without proof of repossession and were I to protect my property with a firearm I become the criminal. Does this seem wrong to the rest of you?? I figured that I had rights as a landowner.

    Yes d/s most certainly should not have put us in this position. They ended towing his car 350 miles away to Anchorage so not counting the past due payments it ended up costing him (me until he pays me back) an additional $800 in towing, detailing and transportation costs. I doubt he screw up like this again.
     
  2. Herb

    Herb Well-Known Member

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    The repo men could have used some better personal skills, but they really didn't owe you an explanation.
    My dad did some repo work on the side and the first stop he made after finding the vehicle was to go to the local police and tell them what he was doing. He had all of his ducks in a row when he repo'ed something.
     

  3. Old Vet

    Old Vet In Remembrance

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    Repo men are used to what you had. I doubt that if they had a repo order that anything would have stoped them. That is why when you have a car or anything else that you owe money on they have the best protection on their sides. You don"t owen the car the bank owens it. TJhe bank gave them permision to remove it. How would you like it if you parked your car at a friends house and then toled not to remove it without a court order. It is the same thing.
     
  4. freeinalaska

    freeinalaska Well-Known Member

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    I still think they needed to prove to me that that had a legitimate reason to be trespassing.
     
  5. edcopp

    edcopp Well-Known Member

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    Repo man just doin' his job. Gotta' feed his family ya know. :)
     
  6. mightybooboo

    mightybooboo Well-Known Member

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    Hate to say it,but being on your property doesnt confer sanctuary on the banks property is my thinking.

    I would address your anger at your son,it is HE who put you in that position.

    Still stinks,no doubt about it,I wouldnt have been happy.

    Sorta similar story.Nephew lives with parents,he flees from police on ATV,cops wreck a car in pursuit,they are now chasing a felon! He leads em to Sis's house,cops show up with guns drawn and invade her house.She is outraged at COPS.

    Not me,I would be outraged with 'precious darling' who caused the entire situation and caused a felony arrest to occur in her home.

    BooBoo
     
  7. freeinalaska

    freeinalaska Well-Known Member

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    By the looks of these guys I think the only thing they were feeding was their meth habit. :rolleyes:
    I was quite thankful that it was not my job.
     
  8. mowrey1999

    mowrey1999 Well-Known Member

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    I understand your point about someone trespassing and I agree to a certain extent that yes they are trespassing, but knowing a few people in that business and what they have to go thru to seize these vehicles if they had to get permission every time they went to get a vehicle and also listen to every hard luck story out there they would never get any thing, The bottom line is pay up or give it back if you cant manage your finances,I would think that your son was more than 2 months behind, why didnt your son call the bank and tell them of difficulty in making payments and try to work something out, I have heard of people calling and talking to the bank if they run into financial problems and the bank usually will work with them since they dont really want the vehicle back either, unless there has been non payment after working out a plan with the bank or other problems I would think something could have been done , Its a bad situation but maybe your son has learned a valuable lesson,just my opinion
     
  9. tiogacounty

    tiogacounty Well-Known Member

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    I'm not sure why, after talking to your son, and the trooper, you still have an issue. Should the system work some other way? You son really screwed up, big time. He knew that they were looking for the truck and the game was up. It's a disappointing thing for you to deal with, but the truck DID NOT belong to your son, it was your son's, he chose to not pay, now it's the bank's property. If he was still driving it after stiffing the bank for several months, it's not different than stealing it. The bank has a right, and a responsibility, to end this. The repo man makes a living recovering the bank's assets, he has no reason to get in a battle with a third party. He is no different than a bounty hunter, he has a legal right to recover the property. If it was locked in your garage, and he had proof that it was being hidden, the trooper would of required you to surrender it. Sorry, but I don't see your point? If you could of denied him access to your driveway, you just would of ended up wasting everybody's time as an officer responded to the situation, and you might of even earned a charge of obstructing. Sounds like it went as well as possible.
     
  10. freeinalaska

    freeinalaska Well-Known Member

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    Actually he was at three months behind, payed a payment the day before and thought he was ok....or that's his story. Yes no doubt the whole situation was his doing and it he will remember it.
     
  11. freeinalaska

    freeinalaska Well-Known Member

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    I know he screwed up. My BIG issue was that they REFUSED to show me any paperwork proving the were agents of the bank before we handed the truck over. Had the guy stepped out of his unmarked truck with the repo order in hand I would have gladly assisted and probably given them some coffees for the road. It was the fact the refused to properly prove themselves.
     
  12. rambler

    rambler Well-Known Member Supporter

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    I kinda go along with the crowd on this one. While I understand your feelings, the repo fellas were doing their job. You were harboring property that didn't belong to you - from their point of view. :)

    Focus on your son, he can use the hlep - and I don't just mean more money.

    The repo fellas have an ugly dirt job, and hear it all...... I'd figure they would be pretty hardened to some more complaints & questions. Their job is to recover property that is, in effect, stolen. The quicker they do their job, the less risk & issues they have. If you were in their shoes, you'd be the same way.

    The focus should be on helping your son getting his life squared up.

    --->Paul
     
  13. dragonfly1113

    dragonfly1113 Well-Known Member

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    OKay,
    I used to repo with my husband a while back. Here's the deal. Most states have what is called a peaceful repossession law. Which means that the repossession has to be peaceful. Pretty much you have to AGREE to let it go if you CATCH the repo man. As a repo person we would steal (legally) the car/truck. We usually stole the cars/trucks in the middle of the night or from someone's work place. If we did not get caught, it was a peaceful repo. BUT... if the debtor catches and refuses the car/truck and the property owner tells them to leave they HAVE to leave without the car because it is no longer peaceful. Each state has different laws so find out what the laws are. The bank will not issue a repossession unless the debtor is at least 3 months behind. Unless it is a first payment default. Meaning they didnt make their first payment. They were trespassing on your property, you were not the debtor and you told them to leave. Trespassing is against the law. By the way... Most repo people have keys to the cars/trucks. Unless they are the costly keys like the ones with chips. Most cops dont really know the laws of repossession. Once a repo man has it in the street 99% of the cops let them take it even if you complain.
    Susie
     
  14. freeinalaska

    freeinalaska Well-Known Member

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    Actually he is one of the most together teenagers I have seen except for the obvious. We have helped him work out a budget. Probationary fire fighters don't make much and he just had really the only big screw up of his life.
     
  15. freeinalaska

    freeinalaska Well-Known Member

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    Dragonfly, I fortunately have only one experience with repo people. I'm sure there are upstanding repo folks out there. :) :)
     
  16. palani

    palani Well-Known Member

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    Why do you think you own your property? Do you presume that it is dry land?
     
  17. freeinalaska

    freeinalaska Well-Known Member

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    Huh, I don't understand. :shrug: :)
     
  18. dragonfly1113

    dragonfly1113 Well-Known Member

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    We dont repo anymore. My husband drives a big truck and is gone all week. the repo man should have shown you the paper work. They have to have it with them at all times. They wont let you hold it but they can show it to you. Some people think if they tear it up you cant take their car.
    We usually let single mothers have a few extra days to try and come up with the money. Hated those cases. And elderly people that was hard too.
     
  19. freeinalaska

    freeinalaska Well-Known Member

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    It's got to be a tough job. One of the guys had a big cut over his black eye. And thanks, all I wanted was to see was the paperwork first.
     
  20. Trixie

    Trixie Well-Known Member

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    I wouldn't like them coming on my property either without talking first with me. Of course, I would be livid with my son.

    Although, I do realize that repo people work under odd rules, there must be some exceptions. We once (never again) had rental property. One of our renters had rented a TV from one of the Rent to Own concerns. The renters were having a rough time and had gone to Dallas to stay with friends to work for a while. The store called us to tell us they needed in the house to get the TV. We told them to wait until we could call the Sheriff to see if it was OK. The Sheriff said unless we planned to replace the TV for our renters, we had better not. By the time we had finished talking with the Sheriff, the repo man just showed up, thinking he could browbeat us, I guess. It didn't work. We told him we would talk with the young people the next time we saw or heard from them - and we did. I think they finally got the TV - but not from us.