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aquilla | What can the Repo-man take? |
My sister's boyfriend is way behind on his car payments. They live together but her name is not on the loan. All of the things in the house belong to her, except his computer which is worth about $500. Yesterday they got a notice saying that they were $2000 behind and it's past the point where they can pay that amount and be caught up. The bank wants the full $12,000 in 22 days or they're sending the repo-man.
The car is now worthless. The motor is shot and the frame is bent beyond repair (long story there). So the bank doesn't want the car. They said the repo man has a court order to walk through the house and take anything of value.
Can they take the kids beds, toys etc. What about the things that are my sister's? She has appliances and furniture that were gifted to her before they even met. We have receipts for some of it.
Please no comments about how much of an irresponsible person he is. We know that already, lol. We just need to know what HER rights are. Thanks |
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Q Continuum
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That's illegal. It's a violation of the fourth amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, AND PARTICULARLY DESCRIBING the place to be searched, and THE PERSONS OR THINGS TO BE SEIZED."
They can not come in and pick what they want to take with a court order. They would have to be told exactly what they can take by the court. I would exercise my Second Amendment and buy a Mossberg 590 to protect my stuff. Repo men won't listen to words. |
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OC1999
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First of all a Repo Man can only take what was secured by the loan. So in your case that is ONLY the car. If you have anything of value in the car I would remove it. As that can also be taken during the repo and sometimes takes a bit of an effort to get those items back. If they attempt to enter your house or take anything else other than the car you can call your local police department and have them arrested for theft.
If they take the car or not he is still responsible for the loan balance. So they could file a suit against him for the amount. If they get a judgment against him they can then petition to garnish his wages(if allowed in his state), attach any bank accounts or real property(such as a house) he may have.
In cases where they feel that he may be hiding property that would allow him to pay for the judgment they may petition the courts for a hearing. During this hearing they would go over his finances and the judge could order him to sell some of his property to pay for the judgment. But if it got to this point he would be well aware of the situation and would not just be told over the phone by the bank. |
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suckygolfer19
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Well i had that problem i bought a motorcycle and lost my job right after, the bank said after a few months of non payment they would repo the bike well eventually the repo man came, the bike was in my garage and he pretty much attempted getting into my garage to get the bike, well my house alarm went off the cops came, and talked to him, well i let them take the bike but a few days later i got me a lawyer and pressed charges for breaking peace and got enough money to pay the rest of my bike off and a few dollars to spend, with that being said a repo man according to the law cannot enter your home without your consent or cannot take anything that your creditor does not have lean on, so you should be good, if he takes anything get an attorney and press charges. |
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prossergirl2002
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I have never heard of the repo man being able to judge what to take and what not to. The way I have always understood it is that the repo man is told by the bank what to take not anything more or less. I would call your local police force and have a officer come out when the repo man gets there. If things go down that the repo man takes things, make sure you get a detailed list of everything he takes and get pictures and reciepts for everything. You might also want to call the bank and talk to them about what is going on. |
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kassandra
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i would check with an attorney to be sure, but if you have receipts in her name then I am positive that they cannot take her belongings 9unless they were married). They wouldn't take kids toys or furniture, it would not be considered that valuable. If you have a lot of valuables, without receipts, get them out of the house! |
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onefinalnotice
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As a repossession agent I will tell you the only things we can take are the collateral in which the bank has a lean on. The only thing that they have a lean on is the car which we can take as well we may recover the vehicle with it's contents such as car seat, Cd's, and any thing else you may leave in your car which we are required to log and store depending on the state you may be charged to get these items back. In the state of Ohio we may enter the garage and take your car only if the garage door is open and we can do so with out moving other things that are in the way. We can not go into your house and take items other than the car to settle the debt. They will however sue him for the balance of the loan and may at that time ask a judge to seize his assets to cover the debt but if this judgment is granted by the judge it will be carried out by the police. |
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kelly
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I would get a attorney immediately and protect the stuff, let the attorney put a halt on the court order til something can be worked out, but Iwould find one immediately before all this stuff goes down!!!!!! |
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Starry Eyes
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hmmm they can't take your means of transportation and your living arrangements. but anything else they have the right to take. but i would highly suggest you get a lawyer to help ya out with this one. |
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Studly
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I really can't answer this because you don't mention what state you live in. Understand that every state will have different seizure laws, and in a few states they can take anything of value in your home (Michigan included). So these responders need to clarify their answers and do their research.
Many states have a number of exemptions that the creditor can not take. In some states they can't touch your home or car, others allow you to exempt a certain amount of property.
I would recommend you make a quick call to an attorney and see they will give you a fast consult about it. Otherwise let me know what state you are in and I'll send you some links.
Google your state statutes and read up on your seizure laws. |
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