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The Repo Man Lost Out
nunn
Forums Admins, Member, Moderator Posts: 36,085 ******
Man, I would have to get REALLY hungry before I would consider doing repossession work. A very hazardous occupation, and they operate in a semi-illegal manner most of the time.
Sure, the debtor signed a contract allowing the creditor to repossess the car if the payments were behind, but that is a CIVIL contract, and law enforcement cannot take a position on such things, except to keep the peace.
The RIGHT way to do it is to go to a judge and get a court order to take the car, and then the Constable or Sheriff gets to pick it up. But that is expensive and time consuming and the repo guy doesn't get his fee that way, so they usually just slide in at night and snatch the car. If they can.
This one had hooked up the car, but car and tow truck were now on the property of the debtor. Debtor wakes up, sees what is going on, and tells the repo man, "You are not leaving here with my car."
This is where the police were called. Big disturbance, possibly with guns involved.
No guns when we got there though.
Debtor states he wants the repo man to leave his property. That is his right, and if the repo man refused, he would be subject to arrest for Criminal Trespass. I suggest to repo man that he set the car down and go on. He complies, but is not happy about it.
Repo man wants to know what we are going to do about the man pointing a gun at him prior to our arrival.
Repo man got a brief lecture on Chapter 9 of the Penal Code, which allows a person to use deadly force to prevent the theft of his property at night. Repo man now understands that even if debtor had shot him, that the Grand Jury would most likely not indict him.
No way would I ever work as a repo man.
SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net
Sure, the debtor signed a contract allowing the creditor to repossess the car if the payments were behind, but that is a CIVIL contract, and law enforcement cannot take a position on such things, except to keep the peace.
The RIGHT way to do it is to go to a judge and get a court order to take the car, and then the Constable or Sheriff gets to pick it up. But that is expensive and time consuming and the repo guy doesn't get his fee that way, so they usually just slide in at night and snatch the car. If they can.
This one had hooked up the car, but car and tow truck were now on the property of the debtor. Debtor wakes up, sees what is going on, and tells the repo man, "You are not leaving here with my car."
This is where the police were called. Big disturbance, possibly with guns involved.
No guns when we got there though.
Debtor states he wants the repo man to leave his property. That is his right, and if the repo man refused, he would be subject to arrest for Criminal Trespass. I suggest to repo man that he set the car down and go on. He complies, but is not happy about it.
Repo man wants to know what we are going to do about the man pointing a gun at him prior to our arrival.
Repo man got a brief lecture on Chapter 9 of the Penal Code, which allows a person to use deadly force to prevent the theft of his property at night. Repo man now understands that even if debtor had shot him, that the Grand Jury would most likely not indict him.
No way would I ever work as a repo man.
SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net
Comments
Rugster
Edited by - Rugster on 07/16/2002 10:20:28
I have always been under the assumption, obviously mistaken, that you are justified in killing only in defense of self or others, not in defense of mere property.
Man, I just GOTTA start paying closer attention.
The laws varies from state to state- In Washington State for example, you are correct, "...only in defense of your life or that of another.." homocide is not excuseable if preventing a property theft, EXCEPT if that act is a felony, and the other person displays a weapon "capable of causing greivious * harm".
More and more, I think I may just move back to TX- gunracks, open containers, shoot the b@st@rd in the front lawn & drag him inside...OH Yeah baby!!
Matt
Reserving my Right to Arm Bears!!!!
Don't mess with Texas.
I'm not afraid of the dark...the dark is afraid of me!
It's very difficult for me to understand who is the most desparate of the two......the guy trying to keep his vehicle with its overdue payments, or the repo man who gets to risk his @ss for a fee.....no matter how large or small. Desparate folks do desperate deeds!
Also understand it is because during the night time hours, a person can use deadly force to protect his property during a tresspass.
Although some of you might not agree, I believe a whole hell of a lot of us need to "mind our own business." Looks like some lawmakers think so too!
If You Can't Buy a Pair, Get a Spare!
I say haul the car off and let them deal with it. they should have been more responsible in the first place. If you can't afford a new car, then get a used one. buy a rust bucket to get to work and back and pay the rest of the bills. when you have the means to buy a new car then by all means do it. until then, don't jeopardize your credit, and sacrifice putting food on the table just because you want a new car.
Thats my opinion.
Alex
They would send me a repo order from a judge, and all the info they had on the person with the car.
I never tried to take a car without notifying the person. I would knock on their door and tell them who I represented, and that there was a court ordered repossesion,
99% would just hand me the keys, those that didnt, I just informed them that the Dealer would deal with them in court, and walked away.
I was never threatened. a person must deal with this in a very diplomatic way.
I never carried a weapon while doing this, as a persons life is not worth the price of a beat up old car.
"A wise man is a man that realizes just how little he knows"
A great rifle with a junk scope,....is junk.
No charges filed, no-billed by the grand jury.
If I'm wrong please correct me, I won't be offended.
The sound of a 12 gauge pump clears a house fatser than Rosie O eats a Big Mac !
Pack slow, fall stable, pull high, hit dead center.
i realise there are probably exceptions but i've not met any.
like the man said; if you feel sorry for them, pay their rent or make their car payment for them.
barto
the hard stuff we do right away - the impossible takes a little longer
Repo people if they were smart, instead of greedy, would take the vehicle in a public place, instead of at the residence.
I have told repo people to disconnect the vehicle because the registerd owner objected to repossesion (Kalif. law) and have the repo person try to tell me what the law was. They of course went to jail and their tow truck went to car jail also.
I just loved it when people would try to tell me how to do my job!
"If you ain't got pictures, I wasn't there."
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
I would grab my Shotgun.
Someone asked "where can you shoot some one to protect property"?
FL. = YES
PA. = NO
It's a State Thing.
Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
NRA Lifetime Benefactor Member.
a $22,000.dollar car (Your cost) cost the manufacturer $2,200. to
produce...
With automation a motor ..$75. a transmision (Borg warner) "makes them all" $60 to $150 a rear axle differential and all $45 you sum all parts and the labor includes is just 1% of the street cost to you ......
A bug (BW) produced in mexico costs $250 EACH !!!!
Moders cars...????
Call them a STEAL ! ,no longer it has a maintenance manual and only it can be fixed in a darn factory outlet (Owned by the Feudal lords
Ford ,GM or whatever)
If ever the repo man comes have a big can of gas (DOT aproved) in the trunk with a speed open lid ...and a flare gun
AWWW Escuse me let me pick some stuff from the trunk
OPPSSS! the stuff got spilled and lit a flare by accident hitting the flare gun with the gas can.....
OPPPPSSSS! sorry darn ! run for it .....
OK now you can have it ....... here are the keys!
HEHEHE !
JD
Good...? , Bad...? Who cares ? as long I am the one with the the gun.....
The repo man was trespassing and had to leave, just that simple.
Incidentally, the debtor had papers dated that day, where he had gone to the dealership and signed a new credit agreement in order to make the car payments more affordable. The repo people didn't get the word.
Another funny repo took place on a public street. The debtor noticed what was going on in time to run out to the car, get in, lock the doors and clamp both feet hard on the brake.
Now it was a standoff. Illegal to tow a vehicle occupied by a human, and darn hard to tow one with the brakes locked unless you dolly it. No dolly, darn.
So, a third party comes into play, and negotiates between the repo man and the debtor. A phone call is made, and a cash settlement agreed upon to forestall the repossession. Payment was made, the repo man released the car and went on.
I was only a spectator, since I cannot actually take a position in such matters, and it was amusing.
SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net
THis was very exciting and looking back very dangerious. I was shot at twice and had a knife pulled on me once, but at least 90% of the time I got my property without getting a court order. I was in just about every state east of the Mississippi.
One thing I learned real quick was repoing from a man usually wasn't that bad, but when it come to picking up collateral from a woman it was hell. They would start hollering, screaming and everybody in the neighborhood would think I was trying to rape them or assualt them or something. It got to the point when it come to a woman I would get the key codes and get a key made and steal the car if possible.