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Crazy attempted repo

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    #16
    Wow!!!!!!!!!!!! Did he break the rules! He prob in shock that you had a camera. I am assuming it was a old lien

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      #17
      I would let the civil case run its course to a plea or verdict. Once he is convicted, sue him and the loan company. You should prevail. It's a shame, but without actually penalizing the loan company, for hiring him, and the repo agent, for his poor and criminal behavior, they will continue to do this to others.

      A letter of apology is not enough. They only send those letters because an attorney told them to do so. Otherwise, you would not have received any such apology!
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #18
        In most states the statute of limitations on torts is 2 years. So be sure not to let more than 2 years go by (from the date of the incident) without acting.
        You should be able to get an attorney to take this case on contingency. Having a police report and video/audio evidence makes it pretty much open/shut.
        The only question here is how much you get paid.
        The repo company (if it remains in business!) will have insurance to cover this.
        The lender will want to pay quickly to make this go away.
        There is no dependency on the criminal case. Look at OJ. He got off criminally but the Goldman family won civilly.
        In this case you should be able to collect a judgment unless both the repo firm and lender go bankrupt..
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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          #19
          Originally posted by DebtEnder View Post
          Make sure he gets charged with attempted grand theft auto. He broke so many laws there it is not even close to funny. Someone threatens to steal my car and force his way in my house, yea i'm going for a firearm.
          This is what I thought, too, when I read the post. Make sure you make a formal charge against him for attempted grand theft auto.


          This is just me, but I would've handled this matter differently. If anyone knocks on my door at 2 a.m., the first thing I am going to do is call the police. I would never answer the door to anyone at 2 a.m. Just call the police and let them deal with it. I can guarantee you that the repo man would not have acted like this if the police were standing there. And I wouldn't have opened that door until the police arrived on the scene.

          I would get my gun out and ready, but I wouldn't tell them anything about it, and I wouldn't show it to them. The only way they would find out about it if they actually came crashing through my door or my window. And that's the only time I would actually point the gun at them. Then you are truly defending your life with deadly force, and only when it becomes necessary.

          And when the police arrived on the scene, I would make sure that gun was put safely away so no one saw it.

          This person came close to getting himself hurt, and possibly going to jail-- if he had shot the repo man-- over what?

          I am starting to hear more and more of these very desperate collection attempts involving coming to the debtor's house in the middle of the night. The best way to counter them is to get the police involved. Make them end up going to jail, instead of getting yourself in trouble.

          On a side note, isn't it interesting how almost everything we do is being video recorded now. Just keep that in mind, wherever you are, someone is probably recording everything you do and say, so act accordingly.
          The world's simplest C & D Letter:
          "I demand that you cease and desist from any communication with me."
          Notice that I never actually mention or acknowledge the debt in my letter.

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            #20
            File the civil suit against the repo company, the repo guy personally, and the bank.

            Contact their lawyers, propose a nice settlement from each of them, and tell them not only do you have video, but "My press conference is scheduled for 4PM tomorrow."

            If your local TV news has an investigative team (they're called the I team down here) get with them as well.

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              #21
              kmjatl, this thread is more than a year old. It is against BKForum policy to resurrect old threads, mostly because BK laws are being tweaked all the time, and resurrecting an old thread may inadvertently provide erroneous information.

              Thank you.

              (Although, it would be great if the OP would let us know what has happened in the meantime.....)
              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."

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