Filed 2 days ago, repo guy still trying to take car

[Seeker40]

I filed CH 7 two days ago and immediately notified the bank about the filing and gave them the case #. Today a repo guy just showed up demanding I open my garage so he can take my car. I showed him my Bankruptcy case filing paper and he said he still wanted the car but I slammed the door in his face and now he is parked down the street.

This is turning into stalking and harassment at this point, do I have any recourse against the bank for this?

[Nicollette]

You need to contact your BK attorney asap. They are violating the automatic stay.

[Seeker40]

I filed pro se, no Attorney.

[dogbone33]

They did the same thing to me. I however I had an attorney so I think maybe call the police. idk

[gregh]

I think you should call the police too but they probably will tell you that is not crime to be on the street...

[BigJohn]

Put up a NO TRESPASS sign. If the repo man steps foot on your property, have him arressed for tresspassing. Your State may have an agency that overseas repo men. If there is such a beast in your state, file a complaint. If you can get the repo man's name, file an Injunction of Harrassment against him. That will also keep him away.

[walkthaplank]

They did the same thing to me. I however I had an attorney so I think maybe call the police. idk

It is a civil matter, police will tell you nothing they can do. You need to contact the lender and tell them if they continue to violate the stay, the next call will be to the trustee and the trustee can talk to them about sanctions for violating federal bankruptcy law.

[JRScott]

You should send a certified letter to the bank indicating that they are in violation of the court automatic stay. That you are aware of your rights and the right to collect up to 1000 dollars per violation. Ask them to cease and desist.

Now they'll then likely file a motion to lift the automatic stay which is the legal response and then they can take the car but until then they can't legally take it. The problem is that they may try to take it anyway so I wouldn't leave any valuables in the car. They should get the mailing from the courthouse within the week, since you filed pro se they probably thinking they can push you around .

[lrprn]

You should send a certified letter to the bank indicating that they are in violation of the court automatic stay.

Since you don't have a lawyer, this is a good idea. Send it certified return receipt so it's verified when the letter was received and who signed for it at the bank. Keep the receipt in a safe place until the repo man goes away.

That you are aware of your rights and the right to collect up to 1000 dollars per violation.

Actually since the bank is the original creditor, there is no fixed financial penalty for violating the stay like there are for collectors who buy the original debt.

However, if you can prove damages occurred to you because the bank allows the car to be repossessed during your stay even after they are notified you filed, then there's some serious cash way beyond $1K possible in that situation because then you might have legal grounds to sue the bank.

Several years ago one of our members had their car repossessed by their incredibly arrogant credit union about a week AFTER the family was successfully discharged from their Ch 13. It was their only transportation for getting to work. The credit union insisted they were not legally bound by the bk law and had every right to repossess the car (I know, unbeliveably arrogant.) She ended up finding a NACA lawyer who took the credit union to court for violation of the bk law. Final outcome - our member ended up getting a brand new van paid for in full by the credit union and all her court costs and lawyer fees paid by them as well. Quite a victory for her family!

[kenshirley]

In most states financial organizations cannot do their own repossessions.
Therefore I suggest to you that this man is an agent for whoever you have the car financed with. As an agent he is violating nothing at this point as your company contracting him with what they call a hold harmless and he will do whatever it takes to get your car as he has a contract. He will not be notified by the courts, your financial organization has to do that after they get their notice, usually in the mail. Most likely they are just getting that notice.
As you are pro se, contact the company you financed the car with and informed them that they should have the letter shortly showing your chapter 7.
You should also have your case number which you can give to the bank.
You may also wish to check your own credit report as it may show there. Mine showed after just a few days with all 3 agencies.
Just for your info, in most states a repo agent cannot enter your garage but they also cannot take you car if the repo is not peaceable. If you take the care out watch it close as he will take it. And have a copy of the BK paperwork with you to show the law in case they wind up being called over the matter.

[AngelinaCatHub]

Yes that repo man is waiting for you to use your car. Once parked he will take it. Are you intimidated or afraid of him? If you say yes, drive your car, turn three or more turns and if he follows, that is stalking and cell phone a cop and have the cop make a report. You then can get his name and swear our a peace bond on him. He needs to have a legal right to take your car, or he is technically stealing it. If he touches you in any way, that is assault. Both items are criminal in a minor way. The cops will protect you from a stalker of any kind. ‘Hub

[kenshirley]

You cannot get a bond or restraining order against someone who holds paperwork and a hold harmless from your financial organization to repo your car.
And it's not stalking.
I must assume that they showed you the paperwork for the repo when they wanted the car out of the garage the first time. You were correct there in most cases in that in most states they cannot enter a locked gate or structure to take it.
If he did show you paperwork, and if you leave your car in a public area, he can and will take it. Do yourself a favor and don't call in a stolen on it. In most states it carries the same penalty as the offense itself for filing a false report.
In most states unless the repo turns violent, the police with have nothing to do with it.

[BigJohn]

Last year a repo company tried to repo our car illegally (there was no grounds for the repo!). The last time I caught him snooping around for the car, I chased him in my truck. He made a left hand turn at an intersection, pulled to the side of the road and ran to the back of his tow truck as I made the turn. When I saw him, I made a U turn but had to stop because of cars ahead of me at the red light. He got in his tow truck, did a U turn, pulled up behind me, got out of his tow truck and came up to my truck's window. I rolled the window partially down and asked him "Is This road rage? I am calling the police!" He got in his tow truck real fast and left.

These guys will do anything to get the car. In my case he said he was an Investigator. I checked with the State, his company nor the repo driver had Investigator liscenses!

[kenshirley]

I would suggest that if a company was trying to repo your car they had paperwork to do it from your company.
It may have been wrong, but that does not mean that the repo guy is wrong.
Your company issued paperwork to these companies or individuals depending on what your state allows and it's a contract. In my state for example a financial company cannot repo their own stuff. They must hire someone else.
In most cases they don't get paid until they get and secure the collateral.
And once again, until your financial company notifies him that his contract is canceled, he is within the law to follow you and take your car when he can within the laws specified by your state.
And once again, the only way you will get him off you tail is to notify your company that financed your car.