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can a repo man cross your yard to repo a vehicle??

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PostPosted: Sun Jan 07, 2007 7:05 pm

Can a repo man drive across your lawn to repo your vehicle if another vehicle is blocking the drive way behind the vehicle to be repoed??? Can the move the vehicle blocking the drive with a wrecker to obtain accsses to to vehicle to be repoed??
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PostPosted: Sun Jan 07, 2007 7:15 pm

Not exactly sure, but I don't think they are allowed to touch other property in attempts to get their collateral. I know if it was simply parked on the driveway, they can take it. But to tow another car out of the way to get at it, I don't think so.

They also cannot create a breech of the peace. If you were to go outside and raise a big stink (which would breech the peace), they would have to leave.

However, that doesn't mean you get a free car out of the deal if you can prevent them from reposessing it. They can always go to court and get an order of replevin, and a sheriff will escort them back and demand you to give up the car. And every time they have to go to court, it gets tacked on your bill.



Last edited by DebtCruncher on Sun Jan 07, 2007 7:17 pm
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PostPosted: Sun Jan 07, 2007 7:16 pm

wondering -

The repossession business is not a very classy one, unfortunately. Some "repo men" are downright shady characters, and will stop at nothing to get the vehicle.

I don't know the laws regarding repossession very well, but others here do, and will post their take on this situation to help answer your questions.

From what I know about repossession where I live, pretty much anything goes. If no property is damaged (aside from a few tire marks in your grass), they can pretty much do whatever it takes to get the vehicle, including picking it up where you work, where you go to church, where you shop, etc. They can follow you and grab the vehicle as soon as you step far enough away from it for them to access it. What they can't do is break into your garage, break windows, or remove any property other than the item to be repossessed. I've even seen vehicles be repossessed when they were at a repair shop.

Had you tried to work out a payment arrangement on the vehicle prior to it being repossessed?

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PostPosted: Mon Jan 08, 2007 1:48 am

Same here. I co-own a vehicle with my daughter. I gave her my share of the payments and because she was in a desperate situation and didn't pay, they repo'd it by calling and telling her they found her day planner. How they knew she lost it is beyond me. Anyway, they lured her to a restaurant for a meetup and when she went in, they jumped in and took the vehicle. It had the back filled with perishable groceries in it too. Just lucky it was cold enough in Utah that it didn't matter much because it took several hours to get things worked out and get the vehicle back. They did some minor damage and my daughter wanted me to initiate a small claims suit. I just looked at her and told her to learn the lesson. I'm only a co- on the vehicle until it's paid off and then I'll sign it over to her.

Did some investigation afterward because their business practices were suspicious. Found they dealership was owned by a bunch of polygamists from Idaho!

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PostPosted: Mon Jan 08, 2007 7:26 am

As far as a repoperson is concearned you have stolen property from their client. They will use means necessary to obtain it while not causing damage to your or their clients property.

I had a car almost repoed about 8 years ago now. It wasn't because we were behind in payments, it was because our insuance lapsed and we had moved and completely forgotten about it, stupid yes. But they called my husband told him I was a part of a hit and run and they were coming to collect the vehicle to take it to the police.

When he told me about it I told him that was completely stupid and I called the tow truck company and told them I needed to find out the name of the supposed person I hit so I could go to the police and see if a report was filed against me so I could get it fixed.

Eventualy the truth came out and I got the insurance without having my car repoed but they were extremely reluctant to give me the info because they were going to lose out on a lot of cash.

If you can get the problem fixed before it is reposessed then you are in good shape but if it is after you have to pay a lot more than you would have.

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PostPosted: Mon Jan 08, 2007 8:42 am

You don't own the vehicle till its paid off. So if its in your garage, and the door is open, they can come in and use their set of keys to drive off in it.

They cannot disturb the peace in trying to obtain your vehicle, so they will try to do it when you're not paying attention. If its in your backyard, and the gates are locked, then they have to get your permission.

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PostPosted: Tue Jan 09, 2007 8:38 am

I have a 97 Taurus that I have paid on for 4 yrs with an interest of about 22%. The past year I have had to replace the transmission twice and once again the car is not running. I can not afford the payments and the repairs. I tried to refinance with them with a lower percentage, lower payments, pay off amount, etc. They would not accept anything and have added interest and are now telling me that I can not make payments anymore that I owe them $7k to get the title. I told them to take the car back more then once I asked where I can voluntarily return it and they want take it. They said it is not worth the money for them to take it back. They have it listed on my credit report as charged off/repo. Now I have a car that I am paying insurance on and that does not run and no title! I need to go get another car that runs. I do not have $7k to pay them off. Any suggestions?? How can I get rid of this car??? I could fix it and they could take it at any time ..since it is listed as a repo
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PostPosted: Tue Jan 09, 2007 9:00 am

it would seem that they are already considering the car not worth taking back and appear to have written it off, that said they are holding the title in an effort to collect the debt. Perhaps you can try again to work out a payment plan to get the title released.
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PostPosted: Tue Jan 09, 2007 9:25 am

What is the KBB value on the car? If its not even close to $7000, then I would just consider the vehicle a loss. You can continue driving it till it gets repod, or turn it in. Do you know if the car has been reported to the police by them? If the car is worth that much, perhaps you could just sell it, and get it cleared from your credit. Paying that, will keep your credit from getting deeper in the hole, and could help you land an even nicer car from another dealer. Not only that, but I'm sure they will be able to finance you, and get you payments you can afford. But because that repo is on your credit file, I can imagine it's bring your score down, and no one will want to finance with you, or refinance for that matter.
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PostPosted: Wed Jan 10, 2007 6:27 am

The car is only worth about $1500.00.. that's the big problem. I don't think I can sell it because I dont have the title. I thought about driving it till they just come get it if they ever do. Do they report Repo's to the police? I didn't realize that. They probably didn't because they refused to get it or to let me take it back in.
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PostPosted: Wed Jan 10, 2007 7:22 am

Were you buying this car new? Four years seems to be a long time to be paying on a car.

You can still sell the car, if you have the cash to pad the difference. You'll have to pay the lendor the $7000 - $1500 to get the title. It can be a smooth transaction, but you'd also have to have the difference.

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Mike

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PostPosted: Thu Dec 27, 2007 1:50 am

My car was just repo because of 3 mos behind on payment can i get it back and do i have to pay the towing fee. I did not get a letter or anything stating that it will be repo and i found out that they have changed company and didn't inform me about that either. I live here in ga what are my chance?
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