If repo people trespass in your garage and they will not leave your property when you tell them to can you be sued if one of them says she got hurt by your car?

Answer

I have done some research on repo laws they do vary per state. However, there are a few things they cannot do. One is move a vehicle to get to the one they need, they cannot come into a shut or locked garage, and once you tell them to leave they have to. All you have to say is your not taking that car. That's it. They can call the cops and the police can show up however even the police cannot force you to hand over the car to the repo man without (there is somekind of request letter or something the bank or repo man has to get through the sherrifs dept) I forgot what it is called but google it. The only reason the police are there even if they show up with the repo man, and he doesnt have that paper. They are they to protect the peace. Repo people call it breach of peace. That is where they can get into serious trouble for potentially causing trouble and considered trespassing. They are paid around $300 or more to pick up a vehicle sometimes alot more. They want that car and they will try to lie to you or do whatever they think they can get by with to take it. The thing is , it has to be a peaceful transaction. Why do you think most repo's happen in the wee hours of the morning while the owner is in bed asleep. Hmmmm. If they do not have that paper tell them to leave. Like I said, reasearch google arm yourself with knowledge about the laws in your state. Document in writing, like a journal, what happened that day, what was said, what time, account for everything. In some states believe it or not, that is submissible in court. It's worth it to write it all down just in case. The lady threatening to sue you over getting hurt by your car......what did you do, try to run her over? lol If the car was at a standstill and she was the only thing moving she hurt herself by trespassing on your property.

CALL your attorney NOW. get ALL the facts together, the witnesses straight and any other proof you have. Anyone can sue anyone, whether they will win is another question. As soon as you told them to get off your property, they SHOULD have left without the car. Anything that happened after that should NOT have happened. Call your attorney. Good Luck

Answer

repo roosta, As a result to this mishaps, I was arrested. I have 3 charges against me this is totally unfair. I thought repo people could not threaten you with calling 911, and they did. These repo people need to go back to repo school. What should I do?

Answer

Dumb luck, I do not understand what you are saying.

First, if the tow guy is told to leave, he must do so. If he refuses, call the police and report you have an unwanted person on your property that is refusing to leave. Press charges against him for defiant trespass. The tow guy can call the police also but for what, I don't know. The police will just force him to leave. The police can only enforce the peace, since it is a civil matter. If the tow guy said he was hurt by you car, which I don't understand how that happened unless you were in it and hit him with it. The tow guy has to prove negligence on your part. Good luck to the tow guy in trying to prove this, cause he'll need it. File a lawsuit against the driver and his company. The tow guy was trespassing so it's all on him now. Sounds like a real winner!

First answer by roosta. Last edit by Whatitis. Contributor trust: 41 [recommend contributor]. Question popularity: 53 [recommend question]