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Posted: 8/9/2005 7:32:30 AM EDT
[#1]
sounds like he did exactly right. He needs to press charges against the repoman
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Posted: 8/9/2005 7:32:39 AM EDT
[#2]
Tell him to get a can of pepper mace ... and a mail slot put in the door about waist high. We live in the country so if some fool was doing this to me He would have been looking down my Mosbergs barrel. He is lucky your friend is in a better mood than I am at 3:30. Pepper Mace him first after he breaks the light, then ask him to leave your property.
Dont forget in Dallas there have been stolen Tow- trucks being used to steal highend cars. Real Bonnified Repo men do not act that way. He was a thief most likely. Trying to see if someone was home. He did not want his face seen. |
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Posted: 8/9/2005 7:32:57 AM EDT
[#3]
I would find out what company that idiot worked for and then criminally prosecute.
Honestly, his actions don't make a lot of sense if he was a legit repoman. |
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Posted: 8/9/2005 7:33:08 AM EDT
[#4]
Most states have laws regarding the way repo men work. One of which usually says they can do pretty much anything they want as long as a) they don't disturb the peace and b) there's no preperty damage.
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Posted: 8/9/2005 7:35:16 AM EDT
[#5]
What is interesting is that my friend has a really bad temper. He gets mad over the smallest things, maybe he thinks more clearly under serious circumstances.
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Posted: 8/9/2005 7:41:07 AM EDT
[#6]
Sounds like your friend did good. If it were me and the repo man came into the house he would have been a dead man.
I would think repo men would have to notify the authorities before they went to repo something though. This guy doesn't sound legit to me... |
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Posted: 8/9/2005 7:43:15 AM EDT
[#7]
+1 |
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Posted: 8/9/2005 7:46:02 AM EDT
[#8]
And sue in small claims court for damage to the property. |
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Posted: 8/9/2005 7:47:07 AM EDT
[#9]
The other thing your friend may think of doing is getting a credit check done. If there is somebody out there with the same name and bad credit, it may be spilling onto his record. Another reason I say this is because credit checks will show addresses.....it's possible this sorry excuse for a repo guy got his address from a credit report.
I checked mine for no good reason once and found I had an alias and an alias address......I promptly got it taken care of. |
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Posted: 8/9/2005 7:47:33 AM EDT
[#10]
+1, tell him to post here about how much he likes his new repo company. |
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Posted: 8/9/2005 7:48:44 AM EDT
[#11]
I'd just forget it. In exchange for something nice in .308.
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Posted: 8/9/2005 7:49:32 AM EDT
[#12]
Breaking out the light on my property when I'm trying to identify you == get shot.
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Posted: 8/9/2005 7:49:50 AM EDT
[#13]
My first thoughts when I read the original post. |
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Posted: 8/9/2005 7:51:03 AM EDT
[#14]
all of this would have been prevented if someone wasn't a deadbeat. Spare me the hardluck stories on why truck payments couldn't be made, if you cant afford the truck, sell it to pay off the loan or call the repo man yourself to come and get it.
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Posted: 8/9/2005 7:52:33 AM EDT
[#15]
Re-read the orig post. The repo guy was at the WRONG HOUSE. |
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Posted: 8/9/2005 7:53:20 AM EDT
[#16]
reeding iz fundahmental dumazz:
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Posted: 8/9/2005 7:54:31 AM EDT
[#17]
...not a requirement of ARFCOM posting... |
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Posted: 8/9/2005 8:02:40 AM EDT
[#18]
Release the hounds.
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Posted: 8/9/2005 8:06:31 AM EDT
[#19]
Screw the USP. I mean I love mine and all but as soon as he stepped into my backyard it's M4 time. Tac light in his face and I'd be yelling "Dont even move, the cops are on their way!"
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Posted: 8/9/2005 8:08:58 AM EDT
[#20]
Would have been a good shoot.
"Unregistered repo man" is a polite way of saying car thief.  Good advice on getting his credit checked. Who knows what else will show up. 
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Posted: 8/9/2005 8:10:43 AM EDT
[#21]
Shooting a guy breaking your front light while you are attempting to identify him = Murder or Manslaughter conviction. |
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Posted: 8/9/2005 8:11:18 AM EDT
[#22]
He lives in TX. |
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Posted: 8/9/2005 8:12:41 AM EDT
[#23]
Nope. Stay out of Texas. |
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Posted: 8/9/2005 8:14:00 AM EDT
[#24]
From what I have always heard from lawyers is this. Who is out of pocket? If you are at home, it's night and someone is on your property breaking lights, etc. They have no business being there, but as the homeowner you do. So we have tresspassing with some kind of criminal intent from breaking out the light. Repoman was definatly asking for it imo. He would have at least gotten dog bi t(actually mauled ) at my house, at the least. |
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Posted: 8/9/2005 8:14:18 AM EDT
[#25]
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Posted: 8/9/2005 8:17:25 AM EDT
[#26]
Spoken like a true He did good showing restraint. I personally would have tried to catch him in my yard. |
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Posted: 8/9/2005 8:20:51 AM EDT
[#27]
Whiskey Tango Foxtrot over?  
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Posted: 8/9/2005 8:21:41 AM EDT
[#28]
Sounds like the guy did everything a repo-man shouldn't.
Destruction of property,
Sounds like it to me. Most I know would retreat if firearms are present. I mean they want that car, but not that bad. |
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Posted: 8/9/2005 8:22:33 AM EDT
[#29]
Definitely. |
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Posted: 8/9/2005 8:24:29 AM EDT
[#30]
You guys in Texas have a set of rules that make me scratch my head sometimes, but maybe they are better than our laws in New Yawk (although just so you don't think we're completely backwards, New Yawk does have laws allowing you to shoot to prevent certain felonies, including robbery). FWIW, FizAssist shows NM as his state.
Can someone tell me what under Texas law allows you to shoot a guy breaking your light? I know enough to know there is a law that allows you to shoot to protect property, so can somebody help me out here? |
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Posted: 8/9/2005 8:24:41 AM EDT
[#31]
One of the reasons I like my house is that the front door is down a walkway and you kinda get cornered back there. I have stratgic access to my side door so that anyone banging on the front door gets greeted from behind by me, AR and a mean ass dog, who hates getting woken up more than I do.
ETA: fixed mis-spelling |
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Posted: 8/9/2005 8:28:52 AM EDT
[#32]
You gotta be shitting me. I wish every state was like Texas. I can only dream of living there. I would absolutely LOVE to have the right to shoot-to-kill if you are trying to cause me or my property harm. It would certainly discourage the idea better than the court system is doing. |
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Posted: 8/9/2005 8:29:44 AM EDT
[#33]
It has nothing to do with protecting property. The totality of the story points out a very real and imminent threat. Try "fear of death or great bodily harm to myself or family" as a deciding factor. BTW: This happened south of Dallas. |
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Posted: 8/9/2005 8:31:17 AM EDT
[#34]
www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm Sections 9.41 and 9.42 would be interesting for a New Yawker to read perhaps. |
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Posted: 8/9/2005 8:36:51 AM EDT
[#35]
I doubt you would get charged even in central Illinois for shooting in that situation. Nobody defending their home from invasion is ever prosecuted here.
There was the real threat that grave bodily harm was going to take place, and that a forcible felony(s) may result. Only the bluest of the blue areas would persue charges. |
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Posted: 8/9/2005 8:38:08 AM EDT
[#36]
repo man// only an asshole gets killed over a car //repo man
obviously this guy wasn't following "the repo code" |
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Posted: 8/9/2005 8:42:23 AM EDT
[#37]
Well, there is no way you can shoot someone in NYS legally UNLESS you or someone else is in immediate danger of loss of life or severe bodily harm. We live in such a suck ass liberal state...if someone breaks in, and you catch them stealing your TV...if they aren't pointing a weapon at you, all you can really legally do is watch them leave and wave goodbye, maybe fix them a snack on their way out....sucks to be in NY... |
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Posted: 8/9/2005 8:46:02 AM EDT
[#38]
IIRC, TX has a law saying that you have the right to shoot anyone trespassing on your property for any reason if they are there after dark. (I could be wrong though...that might just be one of those urban legends, someone from TX can confirm or deny) Personally, I would not have shot the guy unless he actually tried to break into my home. I may have let the German Shepheard out the back door to make a flanking manuever on the guy though...
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Posted: 8/9/2005 8:47:57 AM EDT
[#39]
As a part time resident there I can say that is true. Theft at night is a good shoot. I believe if you catch someone on your property with wire cutters and you have cattle it is a good shoot also. I don't have cattle so I'm not sure about that one. |
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Posted: 8/9/2005 8:48:43 AM EDT
[#40]
This excerpt from that alone makes me want to pack my shit:
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Posted: 8/9/2005 8:49:16 AM EDT
[#41]
I only lived in TX for 4 years and I'm no lawyer but that's my understanding too (on the wire cutters). |
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Posted: 8/9/2005 8:50:35 AM EDT
[#42]
This ought to be the standard across the nation. |
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Posted: 8/9/2005 8:51:12 AM EDT
[#43]
Damn right. |
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Posted: 8/9/2005 8:54:43 AM EDT
[#44]
Thankfully, it's not that bad in NY (yet). Check out Article 35 of the NYS Penal Law. Use of force is permissible to stop kidnapping, forcible rape, forcible sodomy, and robbery (and also burglary under certain circumstances), even if the criminal does not display a weapon or imminently threaten life. As far as the Texas Code, does breaking a light come under 9.42(2)(A) "to prevent the other's imminent commission of . . . criminal mischief during the nighttime"? What is the meaning of "criminal mischief"? |
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Posted: 8/9/2005 8:56:10 AM EDT
[#45]
God Bless Texas.
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property: (1) if he would be justified in using force against the other under Section 9.41; and (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. BTW- We could go on about what "Criminal Mischief" is, ie: you can legally shoot to kill for someone stealing your flower pot from the front porch after dark. The civil side of the equation would be hell to pay though. |
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Posted: 8/9/2005 8:57:42 AM EDT
[#46]
And it doesn't appear 9.42 permits use of deadly force against an ordinary tresspasser because 9.42 requires all 3 elements to be met (use of the word "and"). 9.41 definitely permits use of "force" though. Texas lawyers? Can we have open season on Jehovah's witnesses calling at our door?
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Posted: 8/9/2005 8:58:25 AM EDT
[#47]
Screw it... anyone want to give me a job in TX, I'm a well rounded worker, specially with IT stuff 
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Posted: 8/9/2005 8:59:04 AM EDT
[#48]
Great, now this one's gonna get thrown to the religion forum 
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Posted: 8/9/2005 8:59:10 AM EDT
[#49]
I thought repo men came in the dead of night so that they could avoid contact, not purposely surprise you and break stuff.
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Posted: 8/9/2005 9:04:38 AM EDT
[#50]
DEFINITION: Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner: ~ ~ (1) he intentionally or knowingly damages or destroys the tangible property of the owner; ~ ~ (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or ~ ~ (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner. ~ (b) Except as provided by Subsection (f), an offense under this section is: ~ ~ (1) a Class C misdemeanor if: ~ ~ ~ (A) [amended 9/1/97] the amount of pecuniary loss is less than $50; or (edit)blahblahblah goes into the classifications/penalties etc...(/edit) I'd say breaking the light qualifies 100%. |
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