Posted: 5/7/2008 11:37:18 AM EDT
| My friend Erin was over the other day and we were talking about her ex-BF. She was telling me about how she's been talking to this repo company because they're trying to find his truck. When he did the paperwork he put down her cellphone as a contact number because he didn't have one of his own. She was telling me that he now has a felony warrant for his arrest because they believe that he's hiding the truck. Can you be arrested for something like that? I always figured it would be a civil matter. What say the hive? |
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It is a civil matter. I used to repo cars in Milwaukee for JD Byrider, and we were trained to get the cars back by all means necessary. Lying is acceptable in RepoLand. A popular line is, "I'll be back...and when I come back I'm bringing the Sheriff with me!" I only dealt with car LOANS, not LEASES...leases may be another matter because the borrower never technically has an ownership in the vehicle. Defaulting on a car loan is legally no worse than defaulting on any other loan like a credit card or personal loan. If a borrow can PROVE (reliable witnesses/video) that a repo guy is making bogus threats about criminal charges or other consequences he can have a nice lawsuit...the lender has deeper pockets that independent repo guys but the lender is responsible for the actions of anyone they contract to do a repo. One way to separate the wheat from the chaff is what they SAY vs what they're willing to put IN WRITING. They generally are in full knowledge that they are breaking the law. Repo are accountable to recover vehicles lawfully and without disturbing the peace. If you end up in a fistfight with a repo guy at the time of an attempted repo, it's the repo guy who is in big trouble, even if he gets his ass kicked. |
| I had always figured that if you wanted to, you could tell the repo man to go FOAD. She's convinced that this dude is going to get arrested. I wouldn't mind it personally he's a huge D-Bag. He lived at her house for like a year and a half. When they finally kicked him out, he called the police to protect him while he moved his stuff out because her brother (also a good friend of mine) has a G19 and was scared that he was going to get shot when he came to move his shit. My buddy stood out side and joked with the cops that showed up and talked about guns with them. |
If you want the car to get repo'd, tell the repo guy where D-bag works at (don't let D-bag know you told him). That's the easiest way to repo a car...at work. Most deadbeats know better than to just part a car on the street outside their front door while the RepoDude is stalking him. Any repo guy that's worth his salt works nights and weekends as needed. |
| As usal Repo laws vary from state to state. I expect that in certain circumstances and some states it could easily go to a felony or two. Conversion, possession of stolen property, etc. As far as getting in fisticuffs over a car being repossessed, I would figure that the repo guy in many states has a lot more of the law on hi9s side than some here think.Best to contact a knowledgable legal type in YOUR state to find out wht the real story is. |