A repo agent earns fees by recovering the car and the added charges for towing and storage fees for the towing service. He doesn’t care what happens to your credit report or whether you get the car back. To get the car repossessed, repo agents must search and find the auto and then remove it to a storage facility. Over the years, repo men have become skilled at searching, finding, and repossessing. We’ll help you if you’re confused about can a repo man move another car to get to yours.
They won’t enter a locked garage unless you open it for them. They won’t quit because you promise to make up late payments. How you handle the repossession will determine whether you keep the car.
You may want to call the car loan company and see if making immediate car payments will avoid repossession. But typically, the repo man will not stop because of a promise. He will often just come back later when you least expect it.
Seven Things The Repo Man Cannot Do?
In general, repo men cannot breach the peace to do a car repossession. You can prevent repossession by asking him to leave and ensuring he cannot get to a car. However, remember there are no free cars unless the auto is paid for.
Repo men cannot :
- A repo man may say he can move another car to get to your auto. But the answer to can a repo man drive another car to get to your vehicle without permission is NO!
- A repo man cannot threaten you, use physical force or harm you. If you feel threatened, please try not to use self-defense. Unless your life is in immediate danger, you should not use self-defense, especially anything deadly. Call the police and record it. Some repo men have served time. You should seek professional counsel, or you may be able to say you served time too.
- A repo man cannot enter your home without your permission.
- A repo man cannot enter an enclosed property or locked fence without your permission.
- A repo man is not a lawyer; He cannot give you legal advice. They will often lie to you and tell you that you won’t owe later if you allow them to take the car.
- A repo man cannot get the police to help him repossess cars.
- He can not tell the truth if he has to.
Can A Repo Man Chase You Or Block A Driveway?
By chasing after you, a repossession agent is threatening you, and by blocking your driveway, the repo man is keeping you a prisoner and essentially kidnapping you. Repossession agents who forcefully prevent you from leaving or transporting you are essentially falsely imprisoning you.
You should call the police in a situation like that and record the incident with your phone. Do not assault the repo agent but instead register it and ask them to leave.
People have stayed in their auto and later sued the bank for these offenses when the repossessed vehicle was towed away with people in the automobile. If anything like this happens, it is a civil and criminal matter.
Most cases never become this serious. When they do, it becomes a legal matter which is handled as a civil matter and a criminal matter. Creditors are in the business of making a profit, not losing money.
Can a Repo Man Cut a Lock Or Chain?
Some people choose to hide their auto to keep it locked up. The repo man cannot, or should not, cut a lock or chain to gain entry to the property. In most states, he is not a criminal unless he enters the property to commit a crime. However, he can still break a criminal law if he forcefully enters the property.
The question then becomes how much the damages are and proving he cut the lock to repossess the car. The testimony of just one person usually is not enough. Try to obtain other witnesses when you see this happen. Those law cases are often forced to settle. Banks will often litigate, and you have the burden of proof.
Can A Repo Man Enter Private Property, Garage, Yard, Or Home?
Generally, the repo man cannot enter private property, garage, or home without your permission. He certainly cannot force his way in. But he will do anything short of that to get that vehicle repossessed. Your car is essential to you. You cannot reasonably go to work, school, shop, or go to a doctor without it.
When your vehicle becomes repossessed, you become isolated. Your vehicle is necessary, and a repossession destroys your credit. Obtaining another auto after your credit has been damaged becomes a problem. You are paying a higher car cost later and higher insurance rates.
Generally, the law does not allow a repo man to move another car if it is yours without your permission.
When Will The Lender Repossess My Car After Bankruptcy?
When you file bankruptcy, you sign a statement of intention. You announce that you will keep the car and pay the auto loan with a reaffirmation agreement for the contract price. Or you can do redemption and pay the lender for the auto in one payment for the NADA book value of the car and keep it. Or you can surrender the auto.
Sometimes, you can negotiate with the lender and modify the contract. However, if you don’t want to buy another car, you must pay for the car to avoid repossession.
How Do I Keep A Repo Man From Getting My Car?
How you handle repossession determines whether your keep a car. Being late for one late payment will not usually send a repo, man. The short-term solution is often to make up the payments, but there are bad lenders. Most lenders are simply interested in making a profit. They will often work with you if you are having a short-term problem. They will work out a short-term solution such as deferment payments to keep your vehicle.
Lenders are not interested in repossessing cars. But sometimes, the account or the customer is so difficult for the lender they repossess the vehicle and get rid of the problem. They usually aim to have an account paid on time and keep it insured. Sometimes when the lender is the problem, you take legal action to allow to pay the loan over time and keep the auto.
Can A Repo Man Force Me To Give Up The Car?
The only thing which can force you to give up your car is a writ of replevin. This is a court order requiring the sheriff to seize the auto. Often the sheriff will allow the repo man to move another car.
But the sheriff can also move another car out of the way and seize the car. The sheriff can enter the garage or help the repo man move another car. Creditors normally will not do this unless the car is valuable. If this happens, you should contact a lawyer immediately. The law often allows creditors to obtain this court order without notice.
When Will The Repo Man Give Me Notice?
Don’t expect a repo man to notify you before he comes. Most states do not require any notice. If he can get to the auto anywhere, he will be very creative in hooking up to it and driving away. He may not move your second car to get to your car. But they had often moved the other vehicle when it belonged to someone else. You have the right to complain about how he moved your KIA to get to your truck. But you can’t complain that he moved another car to get to your auto. The harm of having a vehicle moved belongs to the person who owns the other car.
Should I Hide My Car?
You may be tempted to hide your car. Hiding a car does not solve the problem. A repossession agent will often ask the lender to get a court order. Almost all car loan contracts will include how the lender can charge their attorney fees and court costs for a court order.
You may be able to hide a car for a short period, but an order of replevin allows a Sheriff to break down a garage door and get the car. Hiding a car is a short-term solution until you can get to an attorney.
Instead, you are far better off filing bankruptcy with a payment plan that allows you to repay an auto loan over time. If you are temporarily poor due to an illness, you can offer a step plan that allows a low payment plan for the first year or two and increases payments over time as you return to work. If talking does not work, contact us now. Our contact phones are available after hours until a reasonable time. We will even open up on most weekends by appointment if it is a necessity.
Get in Touch with Nick C. Thompson To Recover Your Car Loan!
You can contact an agent if you’re still struggling to recover the car loan! We are happy to build a happy attorney-client relationship to resolve your issues. So, why wait further? Contact us now!
Resources for Bankruptcy
Louisville, Kentucky Bankruptcy Forms
Chapter 7 or 13 Bankruptcy Trustees and the 341 Hearing • Video
Filing Chapter 7 & Chapter 13 Bankruptcy • Video
Trustee Questions at the Bankruptcy 341 Meeting • Video
Western Kentucky Chapter 13 Bankruptcy Rules
If you are considering bankruptcy, don’t delay because timing is crucial. I am here to help you. So, contact my office immediately to start the conversation—Nick C. Thompson, Bankruptcy Lawyer: 502-625-0905.
