Repossesion

Discussion in 'Ask An Owner Operator' started by Hardworker, Jul 3, 2013.

  1. Hardworker

    Hardworker Light Load Member

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    Jun 27, 2012
    Minneapolis, MN
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    Freind of mine come to me to night and told me this sad story.

    Well he travelled overseas and fall behind his truck payments, unfortunately the day he come back was the day the bank repo his truck, he knew it was his fault so right away he contacted them and try to negotiate, but the answer was pay off or get lost. Luckily he had verry nice SUV and found buyer for it and sold just to pay off his truck.

    Well he did pay off and the truck is his now and they gave him the address where they store truck. But once he get there.
    1-the truck is empty his clothes tools cb radio couple laptops GPS tv refrigerator all his documents and more are missing
    2-His trailer that was hooked up to this truck is also missing


    Now he calls back the bank and asks what happen to his trailer and his stuff but they don't have and answer for him for couple days. After little research he find out the repo man phone number and call them and asked what they did with his trailer and his stuff. By this time 20days went by and they tell him trailer and his stuff is in their storage and inorder to give him back he have to pay $200 for his stuff and $50 per night for storage fee. Question is this legal or morally right. This is in Minnesota. Any advice will be nice for this poor guy.
     
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  3. Wanderingaimlessly

    Wanderingaimlessly Medium Load Member

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    Jun 18, 2013
    Los Angeles, Ca
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    Morally right, no. Legal, sure sounds like it. His personal stuff will probably never be recovered and hard to prove it was there. Lawyer up is all he can do really, but he probably can't afford that either. If I had gone overseas and thought there was a chance my stuff was going to get repossessed there is no way I would have left 1 let alone a couple of laptops in a parked rig.
     
  4. Hardworker

    Hardworker Light Load Member

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    Jun 27, 2012
    Minneapolis, MN
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    I thing I forget to mention they repoed from a parking spot that he pays for it. The bank had the right to take it back the truck but the trailer which is his property didn't have no right to take with the truck and yet ask for storage fee. Don't you agree? Man I realy feel for my freind. I was just wondering if I could tell him to hire lawyer.
     
  5. Wanderingaimlessly

    Wanderingaimlessly Medium Load Member

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    Jun 18, 2013
    Los Angeles, Ca
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    That is going to be his best option at this point. Just because it was in a space he pays for doesn't mean the bank can't get it. If it was inside a building that would be a different story I believe. Unfortunately what's done is done. Only a lawyer can help to advise how to deal with the trailer situation. Maybe there is a chance he could report it stolen? I would check with a lawyer first though.
     
    Last edited: Jul 3, 2013
  6. goblue

    goblue Road Train Member

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    Grand Prairie, Texas
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    It's gonna be civil. Litigation is costly and neither the bank nor repo company want that. try to negotiate or pay the stupid tax.

    Another good reason to stay away from Banks. Banks are pushing their luck these days. If they are not careful they are gonna bring back the ghosts of Bonnie and Clyde.

    Consumer protection for an individual is the country is a sham, another trick by our most useless representation. Just the way it works.
     
  7. Chinatown

    Chinatown Road Train Member

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    Henderson, NV & Orient
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    I would report the trailer stolen from the paid parking spot & tell the police where they can find it. Tell the police the repo man stole your trailer & now is trying to extort money from you to get the trailer back. The tractor was repossessed, not the trailer. The trailer was stolen by the repo man. He should have disconnected the trailer before towing the truck.
     
  8. goblue

    goblue Road Train Member

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    Grand Prairie, Texas
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    I feel you on this CT, however, the police will likely say CIVIL. In order for it to be a theft, there would need to be intent to steal, hard to prove when they are in the repo business and have no problem telling you where the equipment is. In addition, it's really gonna be under the corporate veil, whatcha gonna do charge the wrecker driver? Sticks you back into civil court where you need to file and if you really wanna stand a chance would require an attorney. Possibly you could try your luck in small claims, that is if they don't bump it back up to district court.

    what it comes down to is a mess...and that sucks..
     
  9. fireba11

    fireba11 Heavy Load Member

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    Tracy City, TN
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    The trailer was stolen, in my opinion. The bank only had a right to the tractor. The repo man should of unhooked the truck from the trailer before taking it.
     
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  10. fisher guy

    fisher guy Road Train Member

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    Ocala Florida
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    there are very specific laws concerning trailers attached to vehicles that are getting repo'd some states say taking the trailer with is fine others say if there is a lock take it otherwise unhook it some say if the trailer is on the truck do not touch either.

    another thing to look at is for example massachusetts a vehicle may not be repo'd if it is on the debtors property owned or rented even with landlord permission so that is something to look at

    every state is different so check with a lawyer who is experience in this type of case
     
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  11. Hardworker

    Hardworker Light Load Member

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    Jun 27, 2012
    Minneapolis, MN
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    Thank you all, I will let you know end of this story.
     
    goblue and jbatmick Thank this.
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