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  1. #1
    Join Date
    Jan 2007
    Posts
    2

    Angry Illegal Repo

    Georgia- In August of 2006 I went into default on my car loan. The car was sent into repo but I sent all funds before the care could be picked up. Since then I have been making my payment and the loan is current. I had someone to call my job on yesterday threatening me with theft by conversion because they had not been able to pick up the car. I told them that my loan was current and he must be mistaken. He said that he would contact the bank and get back to me. I never heard from him but I contacted my lender and was told that they called the company to make sure the case was closed. This morning a repo man showed up at my door to take my car. I released the vehicle after several attempts to show him my statement, records of payments made, etc. I was told that the case was current and that the police would be called if I did not release the car. I gave them the keys and waited on my bank to open. I contacted them and explained that my car had been repoed, the rep said for me to call the police since they did not have a repo on my car and that my loan was current. It was finally discovered that there was a miscommunication between the lender and the repo company and my car was returned after 4 hours. I would like to know if I have any recourse against the repo company and my lender. I had to take the day off work to settle this issue. It was quite embarrasing since I was on my way to work when my daughter answered the door and talked to the repo man. My neighbors were all out on their way to work and witnessed what was going on. Naturally I would like to take action.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Illegal Repo

    Q: I would like to know if I have any recourse against the repo company and my lender.

    A: No. You caused the problem in the first place, remember?

  3. #3
    Join Date
    Jan 2007
    Posts
    2

    Default Re: Illegal Repo

    Although I caused the problem I had done my part to resolve the issue. They did not do their part.

  4. #4
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Illegal Repo

    Quote Quoting seniorjudge
    View Post
    Q: I would like to know if I have any recourse against the repo company and my lender.

    A: No. You caused the problem in the first place, remember?
    You sir..(or madam) are a jerk.

    To the original poster:

    First of all, you cannot be thrown in jail for not giving the car to them. That was an illegal threat and possibly (depending on your state) you can get them for FDCPA violations.

    THe previous poster is full of it. You corrected the mistake, case closed.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Illegal Repo

    It is a crime in Georgia to conceal a vehicle from repossession.
    Quote Quoting Georgia Code 16-9-51. Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest
    (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.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Illegal Repo

    Quote Quoting Sabres Gal
    View Post
    You sir..(or madam) are a jerk.

    To the original poster:

    First of all, you cannot be thrown in jail for not giving the car to them. That was an illegal threat and possibly (depending on your state) you can get them for FDCPA violations.

    THe previous poster is full of it. You corrected the mistake, case closed.
    Actually, the mistake was going behind on payments until the loan went into default.

    When it went into default, the loan didn't magically go away... it just meant that a new group of actions could be taken.

    The car could be repo'ed. The car could be sold.... even if the borrower brought the car current.

    The borrower would still be on the hook for the difference between the auctioned value of the car and the amount of the loan.

  7. #7
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Illegal Repo

    File two complaints with the Georgia State Attorey General.
    File the first against the bank.
    File the other against the repo agency.
    This way you have to separate claims.
    Send both of them to your senator and elected representative asking them to stiffen the reposession laws to force the repo agencies into calling the bank within 24 hours prior to reposession.
    ...that should cause enough of a headache for them.


    ...and though we all like to blamestorm in America and hate to hear that something is our fault, it only takes a weak link to make a chain snap and set into motion events that are rather unpleasant. Missing payments set this Rube goldberg (Spelling?) machine into motion.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Illegal Repo

    This thread is from January, 2007. We don't need to wake it up every week.

  9. #9
    Join Date
    Jan 2010
    Posts
    1

    Default Re: Illegal Repo

    though it is illegal to hide a car from repo in Georgia , that is only when you answer the door and refuse to give it up. there is no law that requires you to answer the door. Unless by court order and sheriff with a warrant

  10. #10
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Illegal Repo

    Quote Quoting drjimbob
    View Post
    though it is illegal to hide a car from repo in Georgia , that is only when you answer the door and refuse to give it up. there is no law that requires you to answer the door. Unless by court order and sheriff with a warrant
    did you miss the part about it being a three year old post?
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

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