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  1. #1

    Default Repossession After a Title Loan Default

    My question involves an auto loan or repossession in the State of: Tennessee

    I got a title loan through TN Quick Cash a while back. I have been making my payments like I am supposed to. I recently had a family emergency and was only able to make a partial payment. I was supposed to bring the remainder in two weeks later. When the day came, I had gone to dinner with my husband and next thing I know, I am waking up in the hospital.

    I also recently started a new job. I explained all of this to the woman who keeps calling me. I told her that I had been working two jobs and my second, part time, job offered me a full time position making considerably more than what my first job was paying me and that it would also allow me to only have the one job, but that the transition would be a little tight. She said she would work with me, but now she is being very rude. She is calling me at all hours leaving derogatory voice mails on my cell phone. Yesterday, she even went as far as to call my cell phone from her personal cell phone. I can only assume that she thought I would answer the phone if "TN Quick Cash" didn't show up on my caller ID (The only reason I don't answer when she calls is because I am at work when she tries to call. I always call her back, but is it not misrepresentation for her to call to collect a debt from her personal cell phone instead of the company phone?)

    I guess my questions are:

    I have a garage at my house. I always park the car there. Always have, always will. Even with threats of repossession, I still keep my car at my home (they can't legally enter my garage without my permission. I've checked). They never asked for income verification or my employer's address in the paperwork.

    So:

    1.) Does it count as hiding my car when the car is still housed at the address listed in the paperwork and they didn't ask for my work address, so it's their own fault they don't know where the car is during the day (they haven't asked, either);

    2.) Are they allowed to have someone (to quote my mother) "Stake out your house and follow you" to see where you go in the car; and

    3.) Are debt collectors allowed to "misrepresent" themselves by calling from their personal cell phone instead of their company phone?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Does This Count As Hiding My Vehicle What Are They Allowed to Do

    Quote Quoting haditwithtnqc
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    1.) Does it count as hiding my car when the car is still housed at the address listed in the paperwork
    No.

    At least not until they attempt to repo the car. Then, if you don't turn it over, you are hiding it.

    That's a class E felony under TN statute 39-14-116:

    http://law.justia.com/codes/tennesse...t-1/39-14-116/

    As you can see from the statute it doesn't have to do with just hiding the car. It includes any act with intent to hinder enforcement of the lender's security interest.

    Quote Quoting haditwithtnqc
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    so it's their own fault they don't know where the car is during the day (they haven't asked, either);
    True

    Quote Quoting haditwithtnqc
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    2.) Are they allowed to have someone (to quote my mother) "Stake out your house and follow you" to see where you go in the car; and
    Yes.

    It's called "skip tracing."

    Quote Quoting haditwithtnqc
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    3.) Are debt collectors allowed to "misrepresent" themselves by calling from their personal cell phone instead of their company phone?
    Yes.

    The US Fair Debt Collection Practices Act does not apply to the direct creditor, only to collection agencies so, as long as this person is the lender or employee, those tactics are not prohibited by law.

    http://www.ftc.gov/enforcement/rules...tices-act-text

    The Tennessee Fair Debt Collection Practices Act also does not apply to the direct creditor, only to collection agencies so, as long as this person is the lender or employee, those tactics are not prohibited by law.

    http://www.fair-debt-collection.com/...tices-act.html

  3. #3

    Default Re: Does This Count As Hiding My Vehicle What Are They Allowed to Do

    Thank you. So, as long as they haven't informed me that they are trying to repossess the car, I have plausible deniability? I will get paid and catch up on the 10th of this month. I have tried and tried and tried to talk to her, but she keeps saying that they are getting annoyed that I don't answer when they call. I work 7-4. Do you really expect me to answer my phone when you call me at 10? I AM WORKING. I don't answer the phone while I am at work and I don't answer numbers I don't recognize, so calling me at 10 from your personal cell phone, I am not going to answer because I don't know who you are and I am at work. If you would call me between 11 and 12 from the office number, I would answer because I would be at lunch and I would know it was you, not some random person with a wrong number (I get those a lot, too. Apparently, my phone company recycles their numbers).

    I understand that phone tag is frustrating, but at least I call them back. I obviously am not ignoring them (I do call back), I just work, like most of the world. I am going to call her as soon as I am done here since I am on a break.

  4. #4
    Join Date
    Sep 2011
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    OH10
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    Default Re: Does This Count As Hiding My Vehicle What Are They Allowed to Do

    You may also find your garage has been broken into and the vehicle is missing depending on the setup. I am not going to comment on methods of doing so. As part of your contract you are also likely required to advise them of all job locations so they could repo it there.

  5. #5

    Default Re: Does This Count As Hiding My Vehicle What Are They Allowed to Do

    Quote Quoting Disagreeable
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    You may also find your garage has been broken into and the vehicle is missing depending on the setup. I am not going to comment on methods of doing so. As part of your contract you are also likely required to advise them of all job locations so they could repo it there.
    I may. But, of course, if they did that, they could be in some legal trouble (albeit civil), couldn't they? They know it. I know it. They know I know it.

    I informed them over lunch of where I work. Unfortunately for them, I don't park at work. The lot is too small. I park somewhere else and ride a shuttle from that lot to my building. They didn't ask where I parked. They asked where I worked. I am answering the questions they ask truthfully. They just didn't ask the right question. That isn't my fault.

    However, when I spoke to her, she set up a payment plan and assured me that no one was going to come for the car (although she could be lying, so I'm not holding my breath).

    But, if I haven't been told to turn over the car or that someone is coming to get it (I have actually been told the opposite), it's not hiding it. All I am doing is parking in my garage, like I do every night when I get home, and parking in a lot that has enough spaces and riding a shuttle to work, like I do every day. I'm not doing anything to purposefully "hinder" them.

    - - - Updated - - -

    Quote Quoting adjusterjack
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    At least not until they attempt to repo the car. Then, if you don't turn it over, you are hiding it.

    That's a class E felony under TN statute 39-14-116:

    http://law.justia.com/codes/tennesse...t-1/39-14-116/

    As you can see from the statute it doesn't have to do with just hiding the car. It includes any act with intent to hinder enforcement of the lender's security interest.
    They can't prove intent when I am doing nothing different from what I do every day. I'm not trying to hide my car from them. They know where I go in it. I have never hidden a vehicle from title loan companies. There's no point. They will ALWAYS find the car. ALWAYS.

    On a separate loan, I got ready for work one morning, walked outside and my car (different car; this one crapped out about 6 months after this ordeal) was gone (different house; no garage). Luckily for me that day, my mom worked at the building across the street from mine and I just rode in with and home with her and my grandmother went and picked up the car (My family is awesome).

    Again I say, they will ALWAYS find the car. I know that. I think it's stupid to do it. I just was wondering if they could try to say I was hiding it when I haven't changed my routine at all.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Does This Count As Hiding My Vehicle What Are They Allowed to Do

    I agree, despite your weasel words, you are still in the clear for the moment.

    But when they say, "We're coming for the car, where is it", and you don't tell them, that's "intent to hinder."

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