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What A Repo Agent Can & Cannot Do

Date: Thu, 03/19/2009 - 16:34

Submitted by anonymous
on Thu, 03/19/2009 - 16:34

Posts: 202330 Credits: [Donate]

Total Replies: 7


:evil:
In the state of Georgia, can a repo agent come onto your property in their personal vehicle, not id themselves, refuse to show you paperwork for repossession, physically block you with their body from getting into your car and refuse to leave your property when you order them off even when you have a no tresspassing sign right on your front lawn? Can they threaten to charge you with assault when you try to push them asside to get into your vehicle?


To my knowledge they have to identify themselves if spotted always. Also they must provide you with repossession paperwork, etc.. My uncle is a Repo guy :oops:

If a stranger showed up on my lawn stating to take my vehicle without proof I would get my Sig. In any event, you should always identify yourself and your actions when attempting to reposses someones property.

More will be along to provide additional information. Hang tight! :wink:


lrhall41

Submitted by Cool_Abyss on Thu, 03/19/2009 - 16:47

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There are very few laws that pertain to the actual act of repossession. In general, the only rules they have to follow are 1) they cannot break-in; 2) they cannot create a breech of peace.

They're probably not breaking any laws by not showing ID or the repo order, or being on your property in general. When you're asking them to leave and they won't, or if they are getting physical, then that would be breeching the peace. You can always call the cops, and the cops will probably tell them to leave.

The reality, though, is that there is a reason they are there for the car. Hampering their efforts isn't going to get you a free car. Sooner or later they'll come back and grab it when you're not expecting, or they'll follow you to work or the store and take it then. Also it is legal for them to render the vehicle un-operable -- maybe they can't get the car, but they can make it so you can't drive it.

In a last resort, the creditor can go to court and get a replevin order -- in that case the judge will send a sheriff out and force you to give the car back. If they have to do that, their attorney fees and court costs will be added to your loan balance.

Your best bet really is to call the creditor and work out some payment arrangements.


lrhall41

Submitted by DebtCruncher on Thu, 03/19/2009 - 18:10

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right on debtcruncher. georgia isnt a cure state so no letters are sent out prior to your account being sent out for repo. and as far as the repo man the only thing they really cant do is cut locks or hop fences. so yes they can come on your property regardless of a no tresspassing sign, as long as your yard isnt gated with a lock on the gate. the only thing i think is out of respect they should have shown you the repo order. unless they thought somone was being crazy and they just wanted to burn out of there before somthing happend and they just didnt have time to do it. but like debt cruncher said they would have got it sooner or later. and if they decide to go with a replevin that is extra money being added to your loan for attorney and court cost, and most of the time when they have to file a replevin they wont accept any payment arrangments from that point on so its either give the car back or go explain to the judge why you are in this situtation. and once they get a judgment like debt cruncher said they will send the sherrif out looking for the car.


lrhall41

Submitted by bastoops on Fri, 03/20/2009 - 06:10

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CURRENTLY LOSS MY JOB AND IS UNABLE TO MAKE CAR PAYMENTS. REQUESTED FOR A VOLUNTARY REPO. THE VEHICLE IS INOPERABLE (ENGINE BLEW). CITIFINANCIAL AUTO REFUSE TO REPO CAR, STATED THAT I'M STUCK WITH IT. NOW MY ACCOUNT HAS BEEN TRANSFERRED TO THE LOSS CONTROL DEPARTMENT.


lrhall41

Submitted by on Mon, 07/20/2009 - 17:05

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In colorado can a repo agent jump a fence that is only secures by twine after they see the wanted vehicle in plain sight to knock on the door to make contact with the homeowner/debtor? In the security agreement it does say that by signing I authorize the lender and/or its agents(repomen) to enter upon my property to retrieve the collateral. But did I give them permission to jump my fence that they could have just untied the twine? And I had no tresspassing signs up. What are my rights even though I am in default? Please respond to [email]ridindirtee@yahoo.com[/email]


lrhall41

Submitted by on Sat, 03/13/2010 - 22:52

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