Wrecker for Your Needs

On Wednesday, I participated in a self-help repossession. It is legal in NC and used very frequently. This case was a bit unusual. The Manager of the CU was directly involved due to the ongoing relationship with the parents of the member. This member/debtor was past due on a 2006 Nissan Altima. There were several phone calls to the member, several trips to the home where the member lived with her parents, to obtain payment or a valid promise to pay. Finally, after realizing the member was not able or willing to pay full monthly payments and that the parents were not a resource for this member, the decision was made to repossess the unit. The loan was four months past due, the broken promises were adding up. Also, the sources of any help were already exhausted for the member.

We arrived at the home and knocked on the door several times. The parents were working, the member we suspected was asleep. We called her cell phone to attempt to wake her. Nothing we did could wake her. We called a wrecker and he loaded the unit with no word from the member inside.

When we arrived at the CU, we called the county sheriff to report the repossession. We called the mother to let her know and to ask for a key. We then inventoried the unit and typed out the list. The inventory was signed by the two people that emptied the unit. The items were boxed and secured in the CU. The father brought us the key and he signed for the belongings. We notified him of certain valuables in the box and thanked him for the key. We moved the unit to be in view of the security cameras at all times.

Later that day, we received a call from the member asking what she could do to get the car back. She was shocked that we could come take the car with her things in it. She admitted she was asleep and did not hear us knocking. We told her she would have 10 days to secure a pay-off for the loan. In this case, we would not accept just the past due amount.  If she paid the loan in full, we would then return the unit to her. She was again not aware that we could request a full pay-off of the loan.   

Key things to remember when performing self-help repossession:

• Plan your visits during the “safest” hours of the day.
• When possible, send two employees to pick-up the unit.
• If the unit was financed new, see of you can obtain a key that is cut from the key code. Calling the dealer and faxing a copy of the title can usually prove your lien and get the code or the key cut.
• If you must send only one person, make sure the person leaves a list and copies of map(s) to show their expected route and time of return.
• Also, take a fully charged cell phone.
• Find the telephone numbers for wreckers ahead of time and call them to see who would be available when you need them, put them on standby.
• Take gloves, pen, paper and trash bags. You may have to inventory the unit before you come back to the office.
• Take a screwdriver with both kinds of heads for taking off the license plate.
• Take a camera with batteries and film, (if film is needed).
• FInd the non-emergency number for the local authority and put it in your cell phone.
• Be prepared to pick-up the unit and be prepared to leave it. If the situation gets dangerous- leave and consider sending someone else after dark. If you “breach the peace”, you must leave.
• If the member is home, but asks you to leave- then leave, quietly. No questions asked.
• If the member is not home and a relative or neighbor asks you to leave- then leave. Do not risk confrontation especially on private property.
• Do not look in windows or doors for more than a mere glance. Anything more can be construed wrongly and could result in trouble.
• Stay away from dogs unless the owner is present. Do not reach down to pet a strange dog. I have heard of repo men taking dog biscuits to help in tight spots!
• Do not take a gun for any reason. Should not have to mention this, but a wrecker driver for me showed up with a gun one day and asked me to hold it. He said shoot anyone who comes out the door. I told him I would not and handed the gun back to him!!!
• Remember, no car is worth you safety or your life! If you feel danger- leave.

Technorati Tags: repossession, safety, self-help

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4600 Park Rd. Charlotte, NC

First, a little background is needed for this case. Do you have some members that seem to have more situations than others? Things can go right, but then some things can go wrong in a hurry! That is the case here. This couple had been severely delinquent on two vehicle loans, a personal loan and an overdraft loan. After several broken promises, you know “the 401K loan has been delayed”.. we will pay some next week… You have all heard them.. We sent a repo agent to their home to recover both vehicles. He picked up one and said the member told them they were filing bankruptcy and hiding the truck until they get a case number.

We did not think that was unusual. Members had done that before. However, we asked the repo man to come back at different times and look anyway. We gave him relatives addressess and employment address for the husband. As time went on, we got the feel that the repo man was not giving this case any of his attention. So, we withdrew the assignment from that company and forwarded it to another one that had a done a good job for us on another case. We assigned the account on a Friday afternoon. Monday, before I could get to work, I get a call saying the repo man for the second company was wanting to talk to me real bad. Also, I got word that the member had called and asked some strange questions. So, just as I arrived at the office, the member called in again. Her first line- “Why did you send a bounty hunter to come pick up my husband over the weekend?” I said, “Excuse me?” She was accusing the repo man of being a bounty hunter. I told her I would call her back after I spoke to our repo agent. He had not secured the truck, but there must be more! During this conversation, I also learn that her attorney as WG of notorious fame as having won many consumer/debtor cases over the last 30 years! So, I call the owner of the repo company and tell him about the conversation I just had with the member. He admitted that his repo agent used to be a licensed bounty hunter in another state and still wore the t-shirts on occasion. Great! The member said he had a gun. Well, I found out he carries mace and a tazer! I told the owner to get a written statement as to the whole deal and fax to me. (He never did by the way.) Wow, my next call is to our attorney – FD.

But, before I get to that call, I get a call from the repo agent that ran the assignment. He goes on to explain that the member was friendly, and after 30 minutes of conversation, he shook hands and departed. In the conversation, he learns that the first repo man (per the member) turns out to be a part-time bartender at a place in Charlotte and personally knew the members from their attendance there! Well, that wasn’t so bad, but this fellow tells me that the member said the other repo man told them to hide the truck and how to avoid getting it taken by the next guy! As if that is not enough, the member asks the second repo man for legal advice! Yes, he gives it! They ask if they could ever get arrested for not turning over the truck when we came for it? He gives his opinion! He admits to wearing the t-shirt, carrying a taser and mace. But, he denies that the whole deal was confrontational. He said he tried to get info out of the member to see if he could find the truck himself! At this point, I get off the telephone and make the President aware of the situation. She is as shocked as I am. Somewhere in all this mess, I had also fielded a call from the paralegal for the member’s attorney, and she wanted to let us know that the members had indeed filed for bankruptcy and would be getting a case number soon. I told her I would call her back for more details and answers to the actions of the repo man from the previous Saturday.

I get our attorney on the phone, and what he said about our repo man is not printable. After a brief on the situation, he volunteers to call the member’s attorney and speak to him personally. Later that day, I receive an email saying the whole deal had been worked out, we would not be sued and that the member would have a case number soon. But, there is more…

Before this episode, I find the wife had a vehicle titled to her that she did not sign the note as liable for the loan. She signed as “owner” of collateral. Her father was the sole maker on the note. After review by our attorney, he advised we could repo the car before she gets the case number, but now the father could default, and we would lose all the way around. So, that made the bankruptcy case more interesting, as you will see. I will continue in the next post about attending the meeting and asking questions of the member/debtor.

Technorati Tags: attorneys, Bankruptcy, repossessions

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