Repo and assault on my mom!!!

[jtindisguise]

Today my mom was driving my brothers truck, which he was very far behind on the payments. For some reason, she had his truck to run her errands. My mom stopped at the dry cleaner and when she got back in the vehicle and shut the door a stranger tapped on the window. My mom assumed it was someone needing directions. She put the window down and said hi. The repo fella asked her for the keys. She knew that the truck was probably wanted by the bank but she hesitated at the strange request. The repo guy leaned in the vehicle and put his hand on my moms chest, pushed her towards the passenger seat, and with his other hand took the keys from the ignition. Wow! Oh, but it gets way better. She was now left without keys so she reluctantly got out of the vehicle and the repo guy restarted the truck and drove it away.

Later my mom realized that the garage door openers to her house were in the truck. She called that local bank that held the vehicle note and explained she just wanted the remotes and asked the bank to help her allocate them. They agreed to help.

Later again, my mom left the house with a relative and when she returned the repo guy was at her house in the driveway. He asked for my brothers motorcycle (he's behind on that, too). My mom declined to help and she asked for the garage remotes. He said he didn't have them but knew she had my brothers bike in the garage. She asked him to leave but he didn't. So my mom went in the house to call the police and while dialing the police the repo guy opened the garage door with her remote and went inside the garage. She met him in the garage and screamed and yelled. He left and she ended up having another heart attack (she's 67).

WTF? Can anything be done about this? She wasn't even part of my brothers money woes and now she is a mess. Can she sue? Press assault charges? Do repo guys have to have professional liability insurance or are they bonded? Who cares about my brother truck because he is at fault for the repo, but to push around an old woman who knew nothing. Anyone have advice? This happened in Pennsylvania.

[tigergem]

Did she file a police report? What did the police say when she called them? I would guess that would be the first place to start. You know how those personal injury lawyers operate -- on contingency 33% or better of any suit you might have. I'm sorry that happened to your mom. I hope she is going to be ok.

[justbroke]

First, make sure she's okay. Second, file a police report for the initial assault. Third, file a police report for felony trespassing. Fourth, find an attorney who will take the case on contingency.

Fifth, back to mom and keep her safe.

[jtindisguise]

Thanks for the advice. I am simply shocked at what happened. I knew repo guys would get overzealous but I would have never imaged this kind of behavior. She called me at work to tell me about it and I was ready to catch a plane to fly there and beat this guy down! I think she filed a police report.

Does anyone know about the liability insurance or bond for the repo business?

[justbroke]

Does anyone know about the liability insurance or bond for the repo business?

Yes, they are bonded, but you would sue the business itself and the repo-man individually. That's on top of the criminal trespassing and assault and battery on an elderly person. I believe that the A&B on an elderly person is at least a felony in all States.

Again, you'd file a civil complaint as well through an attorney who will take it on contingency. Let the attorney handle any claims filed with the bonding/insurance company. Their job is to not pay or to pay as small a claim as possible! You should be able to recover medical easily. Hopefully, this repo company is a "big" company with assets, and not some single-member LLC.

A message needs to be sent. While you are taking this personally, and it is... do not get personal. You will do nothing to actually help your mom. Make sure she has proper treatment, and make sure that the person or persons who caused this pay in dollars... not bruises. You can't help her if you're in jail.

Remember, make sure she actually filed at least 2 reports. One for the assault and batter on an elderly person. Then one for criminal trespass.

[jtindisguise]

Agreed, justbroke. Although, some amateur UFC action on the repo guy, courtesy of me would be fulfilling. Anyway, I talked to my mom just a while ago and the she tried to file the report but she doesn't know the repo guy's name. I suggested she call the police back and try again. This time telling them the bank that hired him. Certainly, the bank cannot withhold the identity of the repo guy if he is involved in a crime, right?

[justbroke]

Anyway, I talked to my mom just a while ago and the she tried to file the report but she doesn't know the repo guy's name. I suggested she call the police back and try again. This time telling them the bank that hired him. Certainly, the bank cannot withhold the identity of the repo guy if he is involved in a crime, right?

Hopefully she can pick him out of a lineup. This will be the key. Especially if there were two of them, because they usually work in pairs.

I would insist on a police report even if she doesn't know the name of the person. A police report can always be "followed up" on after the fact. The key is to report the CRIME immediately. Give a description of the guy if you don't know his name. Let the police know the bank he worked for. Let the police do their job. It's not up to you to "investigate".

[portsmouthjr]

Hey all first post......Im a firefighter who was injured on job and now am heading for ch.13........anyway Im a former auto repossessor here in Virginia and also a former police officer (just prior to FD job).......anyway if i can be of any help to anyone let me know

With regards to the assault on your mom theres several actions I recommend you look at

1. Contact the finance company and ascertain who provides their repo services...

2. After obtaining said info notify the bank verbally AND by certified mail that you wish to preserve any and all legal rights AND that in your opinion their agent (repo douche) has committed a breach during recovery.

3. Get ya a good attorney.....you have an excellent FDCPA violation AND excellent personal injury case

4. If he touched your mothers chest its at least simple assault and more likely a sexual assault as a womans chest is not for strange men to touch.....you also potentially have an abduction charge for reaching into the vehicle and preventing her from being able to clearly and unobstructed exit of the vehicle....then you got the whole larceny issue with the keys.....the remotes and the trespass issue

but better than that if he used her remote to enter a structure that was closed its statutory burglary......big time felony......

I'de venture to say the collateral repossessed would be returned and the debt forgiven as well as attorney fees reimbursed/paid.... if the right attorney was retained....

PS. I am not giving legal advice only personal opinion from experience

[tigergem]

Keep us posted and let us know how your mom is doing.

[Jackdog]

Keep us posted. My boyfriend used to repo cars, boats all that stuff when he was younger. He can't believe the way this guy behaved. Worst he put his hands on your elderly mother. He could of just followed her home and taken the car at another time. Leaving a 67 year old woman in a parking lot I'm assuming while he takes possession of vehicle, not illegal, but my boyfriend said no way he would of ever done that. Using the garage door opener to enter her garage definitely illegal. When she refused to open the garage his next step should of been to call the police and have them there.

I hope your mother is doing ok. This guy is obviously a pos.

[dscurlock]

Get ya a good attorney.....you have an excellent FDCPA violation AND excellent personal injury case.

not really...unless it was all on camera, or she had 5 witnesses...then it is
just her word against his...the repo guy just has to deny it all, and it
would be up to her to actually prove any of this happened.

as for the heart-attack, it was bound to happen, either
on one stress event or another.

Just filing a police report is not going to prove anything...
the report is just stating her side of the story..nothing more...

he could say he never touched her, and that he never
used the remote to open the door, she would have
to prove otherwise...

he could also file assault charges himself..he could say
something like "she hit me as I was grabbing the keys
from the ignition..."

he could also say "I was giving her remote back, and
accidently hit the button, and the door opened"

It is not as clear cut as you think unless you
get an easy confession, or if you have
witnesses to back up the claims...

[justbroke]

Sounds like someone has done repo work before and had to defend themselves.

[seFlaDude]

Or some other slimeball activity

[tigergem]

dscurlock is right, though. I have had times when I called the police, for example, when somebody stole my dogs. And because the guy told the police that he was "taking care of the dogs while I was gone" -- which was just a bald face lie -- he got away with it. I did get the dogs back, but still. It's not all that easy to make a case against somebody.

[dscurlock]

Sounds like someone has done repo work before and had to defend themselves.

I have had potential cases in the past...atty will not
even return your call unless there is 100% proof, and
100% no doubt in the case...

This is an example of a cut + dry case.

Semi runs redlight and slams into SUV...

camera caught semi running the light.

5 witnesses claim the semi run the light.

You have 10 atty's wanting the case, as they
know its easy money.

=======================

If it was just a common stranger that reached into
her car / opened her garage, then he probably would
be in jail...this just was not a common stranger, it
was the repo man...people do not always tell the
truth when it comes to their car being taken away,
some will say whatever they can if they can prevent it...

This alone would put doubt in a juror's mind...

Common sense says this just is not a
cut and dry case...

Not on camera, no proof...I personally do not
see a case, unless he man's up about what he did...