Legal situation / question

rBuckner

rBuckner

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I had an unnerving experience this evening. A large vehicle (diesel motor) pulls up out front with lots of running lights on it. It was a bit before 8 and not out of the range of a late UPS delivery, not that I was expecting anything. I was out in the back part of the house and went through the garage and opened the side door to intercept a doorbell ringing and setting off the dogs. A fairly large younger man with a flash light was trying to operate the front gate latch, vehicle idling and parked sideways across our very wide driveway, delivery van style. I'm still thinking delivery and he asks if [name] is here, referring to my son. Uh-oh I think. I've had creditors call before and know how to react to them so I say, there's no one here with that name. He asks if he lives here. I asked him who he was and he replied he was with a finance company. I then tell him I'm done talking with him. He gets huffy and says, fine, I can come back with the Sheriff. I'm thinking, good, someone with an ID! So I told him to feel free to do that. He did have a paper in his hand.

Now my son does live here, works a dead end low pay sales job and is always broke so I was thinking a title loan has gone unpaid and the guy was here for the car. I blew it by not asking to see some ID but then again, he was rather imposing and I was unarmed and untrained in self defense. My son swears he just has one loan and had told them he was paying them off tomorrow. How long he has strung them out I don't know. If he has done a title loan and has gone over the time limit for repayment, they would have every right to come repossess his car.

My question is, with this situation, what else could it be but someone looking to collect on a loan? In my anguish, am I not thinking about what else it could be? Any ideas?
 
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I was thinking it may be a serving of a summons to appear for whatever reason. My son had talked to a lawyer friend who told him it wouldn't be unless he had already been contacted about some law problem and had a chance to respond and he swears that hasn't happened.
 
Well, the title loan thing sounds most likely what is going on.

Was it a tow truck (traditional or rollback)?

Certainly, your son should have been contacted before they sent the repo guy. If that didn't happen, the finance company could be in trouble. It's probably a good idea to get a lawyer involved ASAP! Something sounds rather fishy. Especially if he never came back with a sheriff. Definitely keep your eyes peeled and don't be afraid to call the police if the guy returns. There are people who pose as repo drivers and are actually stealing the cars. Does your son have a late model car that might be worth money to a chop shop?
 
Good to hear from ya SJJ. It was very dark as night had arrived completely. Making it worse, I had the motion activated spotlights turned off so I couldn't see but a tow truck makes a lot of sense. My son could have been contacted and is not telling me the truth, easily sad to say. We were getting very close to giving him the soft boot at this point to be out of the house by a certain time, like end of January but hadn't done that. At any rate no one has come back and I bet he was just trying to make me change my mind about revealing my son's location. I wouldn't fight a repossession with a lawyer, even at his age of approaching mid-30's it's not too late for a lesson in consequences. The car is an older Honda Accord and not worth more than like $2K so I'm sure it wasn't being targeted for theft. Our block is only a block long so hardly anyone who doesn't belong comes by here to have spotted it if it did have some chop value.

Good thinking though and you know I sure appreciate your helping me out. I'm still a mess over this thing.
 
Does he or could he have any children?
Could be a child support thing.
And it's never too late for a bit of tough love.
 
Thanks rBuckner.

Something just doesn't sound right. Either part of the story is missing, as in your son hasn't told you everything or the finance co is shady or something. Obviously, this is upsetting for you, but like you said, sometimes a person just has to pay the consequences.

As for your son, he needs to get a better job and move out on his own. I mean mid 30s? I was out of the house at 20 by choice. Nothing against my parents, I just needed to be out on my own. In my day, people actually grew up, spread their wings and flew. My 2 sons are in their mid 20s and still live with their mother because they are supporting her lazy butt. They feel obligated. I told them both, "She has a master's degree in human resource management for crying out loud! She could certainly find a good paying job!"

Normally, I wouldn't recommend a lawyer for a repo, unless the bank tries to sue if they get less than what is owed when they resell the car. However, because this situation doesn't sit right with me, I still recommend one along with getting law enforcement involved.

Anyway, I hope and pray that there is a peaceful solution to this dilemma in the very near future.
 
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w1jim said:
Does he or could he have any children?
Could be a child support thing.
And it's never too late for a bit of tough love.
Click to expand...

That sounds rather unlikely, but not outside the realm of possibilities. It would seem that if his car was going to be given to an x-gf in lue of cash for child support, that it would something court ordered and not go through a finance co...unless I'm missing something.
 
Sorry your going through this Mr Buckner. I bet that you will know more as time progresses.
Hang in there.
 
@SJJ - I doubt there's a child out there, he announced being gay at age 16. Still, the equipment is likely functioning so one never knows. I agree with you that I'm likely not getting the whole story. He did come home for a bit last night and we grilled him about any other loans or obligations, drug and/or gambling addictions. Also we went over how he's not shown any incentive with a couple of options for better work we tried to help with or anything else on his own. I pretty much told him he needs to think of moving along. I'm considering giving that a date of end of January 2017 unless something else stupid happens then that may move up substantially! My wife is compassionate and has been against how "harsh" I've been but is finally with me on this. James - I really appreciate your thoughts and support on this... you're a great friend!!

@AW1jim - Thanks for weighing in!

@bucky - Thanks as well for the support, it is priceless.

@The Gryph - Some very good advice there and thanks so much for taking the time to write that all out. I think you have it right, that was a tow truck and the guy was after the car to pick up some bounty. Oh to have had a flashlight at hand and seen what the mystery vehicle was! If they do come back I think a camera is a better weapon in the battle. Again, thanks for your post.
 
Randy, I do not understand the story entirely. But I see that you are in trouble so I keep my fingers crossed for a happy ending!
 
Randy, I'm sorry to hear about these problems. Hope you're able to sort all of it out and arrive at a satifactory resolution without too much heartache.
 
First things FIRST ! These days, you never know who`s who, and what`s what. I would not offer ANY type of conversation until your visitor provides full ID, and full written, legal documentation stating the exact nature of his business on your property.
I would be sure to have my .45 at the ready as well....
 
Hi Randy, sorry to see you're having problems. If it was a tow truck, and if he was there for the car, I would find out if there is indeed a lien on the car, if there is, and, if he is in default, he can contact the lender and see if they can work out a deal.
I think this link is for your area, you can search the cars title and see if there is a lien, for a small fee of course.
https://servicearizona.com/webapp/lienmvr/search?execution=e1s1
 
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A word of caution: At the moment, you are not a party to the action in view. Depending on your actions, or lack of them, you could be joined in as a party to some degree. You should consult competent counsel in your jurisdiction, to see what your rights and responsibilities are in this situation. I don't recommend your interference with the execution of a valid court order, if there is one.

Verify via competent counsel (intended for information purposes only): In AZ, repossession agents have a right to take the vehicle if it is on the street, or parked in an un-enclosed yard. They do not have right to enter your fenced yard, or garage to take the vehicle. They do not have the right to eject you from a vehicle and take it.

Initially, and generally, they are not accompanied by a court order, but must have a notice of repossession from the lien holder. If they show back up with a marshal or sheriff, they will most likely have an active court order. In such case, you will need to stand aside. Short of a sheriff, you could contact the police, and ask them to send an officer to determine who can, or must, do what. Such a call for service might be low on the priority list, depending on the demands on law enforcement at the time.

Most important: You may not threaten, or use, deadly force in this situation (as described), so do not draw attention to a firearm, in any way. Internet threads frequently include fantasy locker room talk involving firearms. If you involve firearms, you had better know the law, and be prepared for any consequences, even if all you do is draw attention to one.

Rich P
 
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MaxxVolume said:
First things FIRST ! These days, you never know who`s who, and what`s what. I would not offer ANY type of conversation until your visitor provides full ID, and full written, legal documentation stating the exact nature of his business on your property.
I would be sure to have my .45 at the ready as well....
Click to expand...
Oh yeah, I said very little! I don't have a hand gun. The two rifles I have are just for fun target shooting, not home defense. The magazines and ammo are stored far away from the guns which are locked up unless out for some "plinking".
 
Denten said:
Hi Randy, sorry to see you're having problems. If it was a tow truck, and if he was there for the car, I would find out if there is indeed a lien on the car, if there is, and, if he is in default, he can contact the lender and see if they can work out a deal.
I think this link is for your area, you can search the cars title and see if there is a lien, for a small fee of course.
https://servicearizona.com/webapp/lienmvr/search?execution=e1s1
Click to expand...
There is indeed a lien due to a title loan. My son has paid it off today with his monthly commission check. Phew!! Still, the car is parked elsewhere this evening to be sure. I would never stand for a deal myself. He got into an agreement and to pay less is stealing in my book. I hate those, "negotiate your credit balance down" commercials.
 
pustelniakr said:
A word of caution: At the moment, you are not a party to the action in view. Depending on your actions, or lack of them, you could be joined in as a party to some degree. You should consult competent counsel in your jurisdiction, to see what your rights and responsibilities are in this situation. I don't recommend your interference with the execution of a valid court order, if there is one.

Verify via competent counsel (intended for information purposes only): In AZ, repossession agents have a right to take the vehicle if it is on the street, or parked in an un-enclosed yard. They do not have right to enter your fenced yard, or garage to take the vehicle. They do not have the right to eject you from a vehicle and take it.

Initially, and generally, they are not accompanied by a court order, but must have a notice of repossession from the lien holder. If they show back up with a marshal or sheriff, they will most likely have an active court order. In such case, you will need to stand aside. Short of a sheriff, you could contact the police, and ask them to send an officer to determine who can, or must, do what. Such a call for service might be low on the priority list, depending on the demands on law enforcement at the time.

Most important: You may not threaten, or use, deadly force in this situation (as described), so do not draw attention to a firearm, in any way. Internet threads frequently include fantasy locker room talk involving firearms. If you involve firearms, you had better know the law, and be prepared for any consequences, even if all you do is draw attention to one.

Rich P
Click to expand...

Thanks for weighing in Rich, I have a lot of respect for you. I was shown nothing, although the guy had a piece of paper in hand. If he had been an agent of the law, had one with him or shown a court order, I would have fully cooperated. It was not my problem! I sure wished I would have asked for ID but I was in shock.

I would never threaten with a firearm to get my way. The only way I would use one, and as I just mentioned in a post I'm not really set up to do so, it would have to be someone in the house threatening me or my family members. Then I would have no problem! But I doubt they would wait until I could load magazine, go unlock the rifle and get it loaded up! I so appreciate the advice and looking out for my best interests.
 
For all you Nervous Nellies out there, please re-read my response....I never mentioned brandishing, or otherwise threatening anyone with a firearm. When I said "at the ready", I meant having it discreetly holstered on my belt, but within easy reach, "just in case" (like the same reason why I wear seatbelts, and keep fire extinguishers in my house).
 
rBuckner said:
There is indeed a lien due to a title loan. My son has paid it off today with his monthly commission check. Phew!! Still, the car is parked elsewhere this evening to be sure. I would never stand for a deal myself. He got into an agreement and to pay less is stealing in my book. I hate those, "negotiate your credit balance down" commercials.
Click to expand...

I'm glad to see this nightmare is over for you, it must have been very stressful for you and your family. What I meant by "deal," was, see if they would give him more time, and ask them what their deferment policy is. Some banks will allow you to skip a payment and add it to the end of the loan. I don't think a creditor would reduce the amount owed.
A collection agency will and can reduce the amount owed because they buy the debt for pennies on the dollar, there bottom feeders.
 
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