Inspired by another thread: Your state's auto repossession laws?

Originally from pg.3 of the 'Dumbest stuff on the interwebs' thread..
http://grassrootsmotorsports.com/forum/off-topic-discussion/the-dumbest-thing-youve-read-on-the-interwebs-toda/58541/page3/

Knurled wrote:

andrave wrote: ahh, in TX being a repo man is tough, its illegal to damage any proprety while repoing, and also legal to shoot to protect property after dark.

But if you're repo'ing, aren't you returning possession TO the rightful owner, IE the person with the car/truck is no longer the legal owner?

That was kind of what I was thinking as well.

andrave, any idea how many payments the skinflint's got to skip before it's no longer his "property" to protect? I have to admit, though..realizing other states have different laws about repossession might explain Cap'n Clueless' confusion over the issue.

FWIW, here's the GA law:
"(a) Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor.

(b) A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that security interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature.

(c) In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done."

If I've translated the legalese correctly, that means no hiding the car, no parking it at your cousin's or g/f's house, no intentional vandalism just because you're pissed off at the finance company, and it doesn't matter if you do it across the county line when you try to cover your tracks. If the lienholder can actually find you, give it up and turn in the car.

Knurled wrote: Shot at is shot at no matter what, of course.

As the kids like to say, "Word."

Word.

MS Repo Laws

In short, you can get it back just don't make a fuss about it. Those trailer trash repo shows aren't filmed in MS, needless to say. Edit: One interesting thing is that you can't trespass to get it back, nor can you breach the peace. I'm not sure if the owner can go gunning for Repo Man, however.

If I were to look out my window and someone was out there trying to steal my car, I'd definitely shoot.

Since the repo guys don't show up at the door, knock and tell you what they are doing, but instead try to stealth the car away, they deserve what they get.

As they say, you can't tell the players without a score card. If you act like a thief then you are a thief.

So it's not necessarily what is legal, it's what do your actions look like.

EastCoastMojo wrote: Word.

Agreed. When you hear the word, you've got to get it underway.
http://www.youtube.com/watch?v=4bNKcfPxOsM

(I'm still claiming that song is where the term comes from.. )

In reply to carguy123:

If you've missed enough payments that someone has to take your car away then seeing your car taken won't come as a surprise.

carguy123 wrote: If I were to look out my window and someone was out there trying to steal my car, I'd definitely shoot. Since the repo guys don't show up at the door, knock and tell you what they are doing, but instead try to stealth the car away, they deserve what they get. As they say, you can't tell the players without a score card. If you act like a thief then you are a thief. So it's not necessarily what is legal, it's what do your actions look like.

There's some truth in that. I think I was actually kind of judgmental in the other thread (I quoted a guy from http://www.expertlaw.com/forums/showthread.php?t=43556). Made the mistake of assuming that every state's repo laws were the same. It's quite possible the guy I called "stupid" hadn't lived in GA very long.

Wally wrote: In reply to carguy123: If you've missed enough payments that someone has to take your car away then seeing your car taken won't come as a surprise.

Wally, I most emphatically agree...but I did once have a co-worker ask me ("..hey, you're the 'car guy' around here, right?..") if the bank could take his van back if he stopped making payments.

Sometimes, I think DEVO was right about de-evolution.

DoctorBlade wrote: MS Repo Laws In short, you can get it back just don't make a fuss about it. Those trailer trash repo shows aren't filmed in MS, needless to say. Edit: One interesting thing is that you can't trespass to get it back, nor can you breach the peace. I'm not sure if the owner can go gunning for Repo Man, however.

I wonder if this whole thing in GA law is trying to prevent a breach of the peace, in its own way. I wonder how many people here just turn over the keys, rather than risk going to jail.

I don't really know. Hell, perhaps the repo folks in GA got tired of being shot at..and have a strong lobby in the state legislature.

I watched Repo Man tonight--needed a break and, let's be honest, that's one of the best movies ever made. The life of a repo man is always intense.

carguy123 wrote: If I were to look out my window and someone was out there trying to steal my car, I'd definitely shoot. Since the repo guys don't show up at the door, knock and tell you what they are doing, but instead try to stealth the car away, they deserve what they get. As they say, you can't tell the players without a score card. If you act like a thief then you are a thief. So it's not necessarily what is legal, it's what do your actions look like.

I used to do this for a living, you better make your first shot count, mine will.

TN is anything goes except on Sundays. I can take it in an intersection if I can. All I have to do is take possession. It's mine, you try to take it back, it is grand theft auto.

You have 10 working days to get your vehicle back, make arrangements with the lender. Sunday is the only day not considered a working day.

So you come out and tell me I can't have it and I am not in it nor have I attached to it? Then we go the other route.

You have just commited a class E felony by hindering a secured mortgage lien holder, we will file at the court house to take immediate possesion of the car and have you arrested and if convicted serve 11 - 29. Do you really want me to leave without the car?

Oh yeah and if it is attached to the car, including the tags, it is part of the car and only has to be returned if the lender is willing to give it back. That is everything, stereo, wheels, CB, tags, valve caps. taking it is theft.

You get the idea. I have the right to pick up the car after close of business on the day the payment is due if no grace has been stated in the contract.

David S. Wallens wrote: I watched Repo Man tonight--needed a break and, let's be honest, that's one of the best movies ever made. The life of a repo man is always intense.

I've often said that "Repo Man" was the "Easy Rider" for my generation.

Do you know anything about repo laws in FL, David? If not..we'll just go get sushi. And not pay.

friedgreencorrado wrote: If I've translated the legalese correctly, that means no hiding the car, no parking it at your cousin's or g/f's house, no intentional vandalism just because you're pissed off at the finance company, and it doesn't matter if you do it across the county line when you try to cover your tracks. If the lienholder can actually find you, give it up and turn in the car.

this still doesn't answer the original question about the car being in a locked garage ... hard to understand anything written by lawyers ... probably do that way intentionally

In Tennessee a Garage is part of the home and "getting in" is a B&E.

We had to wait until the car was out of the garage.

Yard OK Open Garage OK Locked Garage B&E

I've had exactly one repossession in my life and late payments weren't a part of it.

I moved from Texas to Fla. When I sent in my payment I also sent in a change of address. 2 weeks later I heard a noise and saw someone messing with my car. I didn't have a gun then, but I did have a bat. When he was laying on the ground he finally told me he was there to repossess my car.

I couldn't understand why and he gave me some cock & bull story about I couldn't move out of state when I had a car loan. Being young & stupid I didn't bother to check in the morning, I just handed him the keys.

Had he come to the door and knocked he'd have saved himself a trip to the emergency room and I'd have just given him the keys.

The car was an AAR Cuda with a complete manual shift, B&M tranny. (I still have the rear spoiler)

If you act like a thief, I'm going to treat you like a thief even if I were behind on my payments cause a thief is more likely than a repo man.

I worked with a guy that did repo's on the side in MI... Even though the door was open, you couldn't hook and be gone, that is still B&E for breaking the peace. But if you could hook it and drag it out without entering the garage, you are OK. wink, wink

i've only repo'd a couple. i just went to the dealer with the title and had a key made. then got a ride to their place of work, and drove away.

belteshazzar wrote: i've only repo'd a couple. i just went to the dealer with the title and had a key made. then got a ride to their place of work, and drove away.

The newer theft deterrent systems don't let you do that anymore.

I don't really know. Hell, perhaps the repo folks in GA got tired of being shot at..and have a strong lobby in the state legislature.

Understandable. No one likes getting shot at.

carguy123 wrote:

belteshazzar wrote: i've only repo'd a couple. i just went to the dealer with the title and had a key made. then got a ride to their place of work, and drove away.

The newer theft deterrent systems don't let you do that anymore.

That's something I hadn't even thought about. How do those things work, anyway? Would the lender be given a copy of whatever interfaces w/the immobilizer when the loan was signed?

The lender doesn't get a copy, you don't even seem to get enough copies and it usually costs $100ish PLUS the car must be physically present while they synch the two together.