Repo guy is threatening us

[BrokeJack]

My wife and I will be filing ch 7 on Thursday after which we will be surrending a vehicle of ours which we haven't made payments on in several months. We just wanted to give it back to the bank since we're not planning on keeping it, but our lawyer has advised us that even though we will be surrendering the vehicle, we need to have it in our possession as of the day that we file so we can include it as part of our means test, but after we file, we don't need it anymore. We have been keeping it in our garage so as to not have it taken. The repo guy has left us his card several times and just left us a threating message saying that if we choose to ignore, he says that he will take swift and immediate legal steps against us and that as of this point, it is a civil matter, but if we choose to ignore him, he will immediately make it a criminal matter because of concealment. We're just trying to keep it until Thursday and then we'll gladly give it back to the bank, but should we be concerned that a sherrif will be showing up at our doorstep in the next few days. I'm currently unemployed, but my wife is concerned that someone might show up at her work and server her a warrant for her arrest. Are our concerns legitimate and if so what is our best course of action until we file on Thursday?

[Mi Bankruptcy]

Go to your nearest airport or parking garage and park the thing until Thursday. Call the police if it disappears. Ya know the thing was acting up so you decided to park it.

[NoMoreRed]

The repo guy gets paid for each repo so I'm sure that he will be agressive. If you're filing on Thursday and the repo guy has been made aware of your soon to be filed BK that will make them more agressive. Surrendering or having it repo'd prior to the filing will put an additional bad mark on your credit report so if you can keep it in your possession until you file and surrender under your own terms then it's better for you.

[NoMoreRed]

One more thing....

Make sure you have a copy of some proof that your BK petition was filed on Thursday. That way if you see or hear from the repo guy on or after that day you can show it to him and remind him that he is violating the automatic stay. Let your attorney know if they bother you after that.

[dingdong]

Are you capable of filing an emergency petition today or tomorrow? At least you would be protected under the stay and could relax for the next few days?

If you have the filing fee together and an attorney, ask if he can file an ER petition. 4 days shouldn't make a difference in your petition stats and the ER portion is easy to have filled out.

[BillyRip]

Park it in a friend's garage.

[freshstartfl]

From what I understand, the creditor can pursue a replevin in civil court to force you to stop "concealing" it. However, I don't think there's any situation in which this could ever become a criminal matter sans a replevin order, and a subsequent contempt of court resulting from the replevin. This may vary by state, though.

[jktrading]

No, no, no. It is not a criminal matter. Scumbag collectors and their associates use this tactic all the time. It is a civil matter pure and simple. There will not be any warrant for anyone's arrest. It is a ploy by the scum of the Earth.

[willbfree]

I did some research on the internet relating to your problem. First let me say I am not giving legal advice only providing what I found. I recommend you do a search with your specific state name and "repo and concealment". That will bring up your specific state's law. It appears you are safe to leave your car parked in your garage unless you live in the state of GA. Then it requires the repo guy to go before the court and ask for a Writ of Replevin. The writ is issued to a SHERIFF not the repo man and the sheriff accompanies the repo man while he takes possession of the vehicle. If at this point you hide the vehicle or interfere with the process it becomes a criminal matter. Concealment occurs when you don't produce the vehicle and the writ has been issued.

BTW a scare tactic frequently used is the repo guy will begin banging on your front door in the middle of the night demanding you open the garage door and allow him to take the vehicle. DO NOT DO SO. Instead call 911 and tell the police that a stranger is on your property demanding you open your door. Allow the police to deal with repo man and you, your family, and the vehicle stay safe.

You only have until Thursday. Once you have your case number the repo guy loses due to the stay relating to your bk case.

[MomIcantFindmy]

I also think it is unlikely the repo guy will go to court between now and Thursday to get a Writ of Replevin. Have you spoke to your attorney regarding this guy? A nice threatening letter from your attorney about the repo man saying this would become "criminal" and the hours the repo man may contact you and methods etc might slow him down...

[Logan]

I would park it elsewhere but keep in mind that when you drive away the repo man could be watching.

Good Luck

[freshstartfl]

I've always wondered; do repo guys have to follow the FDCPA? I don't think they do...?