Repossession With No Court Order
My question involves police conduct in the State of: NJ
On March 1st 2012, close to midnight, I came home, pulled my vehicle into my driveway, only to see a repo tow truck backed in and trying to repossess a 2008 Coachman trailer. I confronted the repo driver and asked him where his court order was, and he showed me only a dispatch notice from his employer to repo the trailer. I told him “No Way! This is not Russia”. He said he was calling the police. And so he did, because only a few moments later, the Police arrived. Two officers, one a Sargent and one a Patrolman. A short time later a third car with another officer arrived. Lights flashing everywhere, all my neighbors, and my tenants looking at this circus. I have never been so embarrassed in my life. I explained to the officers that the repo man had only a dispatch notice and in no way a legal paper or a court order. I asked the police to remove the repo man as he was trespassing on my property and he did not again, have a court order. The police all agreed this is a “gray” matter and they can’t get involved. They are only there to keep the peace. (Which in no way was peaceful, and I have several witnesses). So again I said he has no court order, No WRIT OF REPLEVIN. The police and the driver all said it was not needed. That’s when I really hit the ceiling. Right in front of an officer I stood toe to toe with the repo man and bumped his chest with mine and pretty much told me he was going to get a beating. The police said to calm down, I even called the ex Chief who was ¾ asleep. Everyone said, he does not need a court order. I again said “yes he does, as long as there is a 4th amendment”. I said this is bull s**t and that repo man is NOT taking that trailer off private property without a court order, and that I was going to get into my vehicle, that was blocking the tow truck and that was that. The police assured me if that happens, I will be towed and arrested. I could not imagine this sort of thing can happen in the USA. I tried to explain to the police about “The Color of Law” but they had no idea what I was talking about.
Now while I am arguing with the police, this repo man is unbolting the jacks to my trailer. Also my trailer is loaded with very expensive personal property. The police asked me how long it would take to unload it, and I let them look inside. At least a few hours. They said, “NO WAY” and “Don’t worry, just call the bank in the morning and you will have the trailer back in your driveway the next night. So under great on the record protest, I backed my vehicle out and the police aided this repo man in stealing my trailer.
I am trying to be brief, but this is a long story. I called the bank in the morning and was told all I had to do was make up like 2 ½ payment (not even $600) and the repo charges. But I had to call back later in the day as this bank agent did not have my paperwork, which is strange since she gave me the amount I needed to reclaim my trailer. Well later I called back and was told now they want the entire amount due (like $12K) or they would sell it at auction. I told her I had valuable personal property and I demanded to know where my trailer was . She refused to tell me, a gain to make a long story short; it took almost two weeks to get someone on the phone from the bank and worked out our original deal. However, since all this time passed we are up to $815 in towing and storage fees AND, the bank STILL refused to tell me where my trailer was, and would not do so until they received the money by Western Union. To me…..this is very wrong under the RICO act. Very convenient and very profitable to keep a person’s property from them until you run up a bunch of charges.
On 03/014/2012 I got my trailer back. You cannot imagine what it looked like inside. Everything was all over the place and I am still going through everything to see what is broken or missing. I was sick to my stomach all this time; I had trouble sleeping and am being treated by an MD for anxiety. I am so sickened by the way the xxxxxxx, its agents, the repo/towing company and the police from my own town treated me. Our country is based on The Constitution. I strongly feel my Constitutional Rights were violated. I strongly feel the Police, who represent the State, clearly overstepped their authority and got involved in a civil matter. I want these people to be held accountable for their actions.
Here is a breakdown of the financial cost xxxxxx Transport $815
$1168.99 of which includes $451.27 in payments and an insulting late fee of $142.29.
Total amount I had to pay out was $1,983.99.
Regular payments on this loan are about $190.00 a month.
I have witnesses to the whole sickening matter. Please help me get justice. I can't find a lawyer who will help me unless I give a huge retainer.
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