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Repo Company Pretends To Be A Cop
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SPRING, TX -- I am disables and my car note was past due, this company called my sisters house telling her that they are the local sheriffs department and that they are going to file charges on me if I don't give my car up within an hour.

Well, they got my car and after it was all over I found out the truth from my leinholder that they never call the police or filed any report and not even any civil action.

If any repo company calls you telling you are the police tell them they need to give a supervisors name and then call the county office where they say and verify the person's identity.

Don't get duped like me plus what they doing is against the law.

281-821-3205

Houston Texas repo co AAA funding of rosenberg Texas is my lienholder.

I got my car back thankfully worked it out with them alright.





     
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User Replies:
Skye on 07/25/2010:
Repo men come for vehicles that are past due on their payments. They probably told your sister and you, they were the police, because if you knew they were repo men, they figured you would try to hide the car. They are not in the business to give you a heads up, or are they obligated to, when they are going to come for your vehicle. If they called and told everyone,hey we are coming to repo your car, do you think they would be welcomed with open arms? The bank does not care you are disabled or not. It's not personal,its business. Did you make any attempt to contact the bank, that you were falling behind on payments? Ignoring them won't make the late fee's and payments go away.They send the repo men, for the car, they own, until you pay it off.

Glad in the end, you were able to get your car back.
yoke on 07/25/2010:
When you realized your loan was past due you should have made arrangements with the bank for payment arrangements. You would have been notified that they were going to repo your car. Why did they call your sister, did you not answer the phone for them.
What they did was perfectly legal and you are lucky that they made arrangements with you after the fact. They did not have to.
Anonymous on 07/25/2010:
Considering that repossession is a civil matter and not a criminal matter, I doubt it is legal for any repo company to pretend they're the police...not to mention I'd bet money it's against the law for anyone but the police to say they are the police.

The OP should report these yokels and file a complaint against them for using scare tactics and harassment.

Skye on 07/25/2010:
She could, but it will be her word against their's, unless she had the conversation recorded. Who would she even file a complaint with? I don't know anything about the repo business, but don't they make decent money for every vehicle they repo? Or maybe they don't, and just like the challenge.
Anonymous on 07/25/2010:
I don't know what they make either, Skye ...I just know from working in collections before that you cannot falsely claim to be a police officer or lawyer when attempting to collect on a debt. Common sense tells me no one should be able to legally claim to be a police officer if they aren't one.
yoke on 07/25/2010:
Since the OP did not hear the conversation it is hearsay as to what was said. They could have said that if they don't turn over the car in an hour they will come with the police to pick it up.
Anonymous on 07/25/2010:
Yoke, that is definitely a possibility.
Backlash2 on 07/25/2010:
Repo guys don't just go out and get people's cars they are hired to do so by the ones that hold the lein on a car.
Anonymous on 07/25/2010:
Actually, the police will rarely get involved in a repossession or any collection attempt, unless there is something going on like a physical altercation, or unlawful break in, etc...it's a civil matter, not a criminal matter. It's best to read up and understand what collectors can and can't do before offering speculation as to what probably happened.
yoke on 07/25/2010:
justcause, the OP was not part of the conversation. The OP has no idea what was said. The OP's sister could have become irate with them on the phone and they may have said that they will have the police with them in an hour as they may have been threatened by the OP's sister.
Anonymous on 07/25/2010:
Well, we can sit around and speculate what "might" have happened all day....I commented based on the way the review is written, that the repo agent did claim to be an officer and threatened to file charges...which is not legal.

The OP posted some good advice to others, if they ever find themselves in a similar situation.
Anonymous on 07/25/2010:
just-cause makes a great point.
jktshff1 on 07/25/2010:
+10 jc
yoke on 07/25/2010:
What did the police say when the OP called and pressed charges against the company for grand theft auto, since that is what they actually did. If the lien holder states there was no civil action against the OP that would mean the repo company out of the blue called a number and said they were the police and they were going to take the car in an hour. Amazing how this company knew that the OP was behind on their payments and the sisters phone number and where the car was located.
We are not getting the entire story.
Venice09 on 07/25/2010:
I second that, jkt.
Anonymous on 07/26/2010:
I think the point of this post is that the company that called misrepresented themselves, not that the loan company did not ask a repo company to pick-up the car. Sounds pretty plain and simple to me.
yoke on 07/26/2010:
singsing, How would the repo man know about the car unless the lien company hired them to get the car? The OP admitted to being behind on payments. The OP is claiming the lien company has not filed a civil suit, then how did the repo man get all the info that they had regarding the car? Repo men don't randomly call people and say they are going to come get the car unless they have been hired by the lien company. When the repo man showed up why did the OP not call the police and have the repo man arrested on the spot for grand theft auto, that is what the repo man was doing, stealing the car, if there was no paperwork from the lien company.
Anonymous on 07/26/2010:
yoke, I think you're grasping at straws here...obviously, the OP's creditor hired a repo company. Maybe the OP means civil action to mean something criminal, we don't know...which again, is speculation. I don't understand what satisfaction there is in playing the "what if" game on some of these reviews...other than to purposely try to make every poster look like a fool.
Anonymous on 07/26/2010:
JC, I honestly doubt anyone is trying to make this poster look like a fool. What is wrong with asking VALID questions? Yoke pointed out that the OP did not speak to the repo company. I think it's fair to say that hearsay *cannot* be taken as gospel.

Anonymous on 07/26/2010:
Sorry, I disagree...I think it's rude to be condescending towards others. There's a polite way of asking for more clarification or info, and then there's the condescending way of asking, yet also insinuating the OP is a liar.
yoke on 07/26/2010:
JC, when the OP stated that the lien company said there is no civil suit against them it would mean that they would not have hired a repo company. In order for the repo company to be able to take the car there would have been a judgment in the lien holders favor (civil suit). If that was not the case then the OP would have been able to have the repo company arrested for auto theft.
I am not grasping at straws. The OP has NO idea what was said on the phone to the sister. I am not trying to make the OP look like a fool, but there are to many holes in the story.
My husband worked for a repo company a few years back and there are steps that have to be taken.
yoke on 07/26/2010:
JC, I was asking questions so it made more sense. What the OP is stating does not make sense, if what the OP is saying is what happened the OP would have had the repo company arrested for auto theft. The OP is the one that stated there was no civil suit against them.
Anonymous on 07/26/2010:
So much misinformation in these comments.

1. You do not need judgment or any court approval to repossess a car in Texas.

2. In Texas repossession can become a criminal matter if one tries to hide/conceal the car for the express purpose to avoid repossession.

3. In Texas the lien holder does not have to notify the debtor that they are going to repossess the car.

4. In Texas after a repossession the lien holder is legally obligated to give the car back if the debtor brings the loan current. The lien holder cannot refuse the debtor's payment to bring the loan current.

5. In Texas there is nothing in the law preventing a Sheriff from getting involved and actually if the lien holder believed the debtor was purposely hiding the car to avoid repossession then it's likely the sheriff would get involved. Also, if the repo guy was merely on good terms with the Sheriff then the sheriff might get involve as a favor.


The lesson here is if you live in Texas and you are behind on your car payments then either work with the lender or make it easy for lien holder to find/repossess the car. That's just Texas.
jktshff1 on 07/26/2010:
Stew, good reply, that answers all the questions.
Anonymous on 07/26/2010:
Stew, thanks for the info. Hopefully it will stop people from saying the same things over and over again to degrade the op.
Starlord on 07/27/2010:
I have done repo work before, and they can no longer do things that we used to do all the time. like sitting in front of the er's home and filling out a fake Writ of Replevin. Today, that is Simulating Process and is illegal. It is illegal for a repo man, private investigator or anyone else to represent themselves as a police officer or other authority. It does not require a civil judgment to repo a car, as when you purchase it, part of the paperwork is an agreement that if you do not keep the payments current, you agree to repossession, and any fees, legal or otherwise that may accrue from your tardiness. Until you pay the car off, the bank or finance company, or even the car lot is the legal owner of the vehicle, and may seize it if you do not keep thee current.
babybluetx on 11/19/2010:
Texas penol code 32.33HINDERING SECURED CREDITORS. You can go to prison over a repo if you do not turn in over
babybluetx on 11/19/2010:
So no we are not cops but yes we can and will file on a repo
Itsyagyrl on 12/16/2010:


***

I am in the repo business and TOP ADVICE is very incorrect. Here is the corrected information:


1. Repossessions are allowed as self help repossessions and allowed without judicial process.

2. A police officer or sheriff's deputy cannot make you surrender your car. If they did it would be oppression of society and a crime committed by the officer.

3. Repossessions are civil. Even if a sequestration order is obtained and served you still don't have to surrender the car.

4. The law: Hindering A Secured Creditor is on the books, but not enforced by most district attorneys' offices because the debtor has the opportunity to pay the car off at any time.
So you can't go to jail for something that you own title to. Regardless of a lienholder on the title.

5. the lienholder does not have to give back the car if you come current. Very few of our clients take payments after the relationship has been destroyed.

6. You may not violate any DTPA or other federal trade commission act statutes in the attempt to collect a debt, which is a repo co. too.

7. The lienholder is absolutely responsible for the actions of it's repo agent. Most hold harmless statements on repo orders hold the repo co harmless for just about everything except
acts of malicious intent.



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Top Advice From The My3cents Community:
So much misinformation in these comments. 1. You do not need judgment or any court approval to repossess a car in Texas. 2. In Texas repossession can become a criminal matter if one tries to hide/conceal the car for the express purpose to avoid repossession. 3. In Texas the lien holder does not have to notify the debtor that they are going to repossess the car. 4. In Texas after a repossession the lien holder is legally obligated to give the car back if the debtor brings the loan current. The lien holder cannot refuse the debtor's payment to bring the loan current. 5. In Texas there is nothing in the law preventing a Sheriff from getting involved and actually if the lien holder believed the debtor was purposely hiding the car to avoid repossession then it's likely the sheriff would get involved. Also, if the repo guy was merely on good terms with the Sheriff then the sheriff might get involve as a favor. The lesson here is if you live in Texas and you are behind on your car payments then either work with the lender or make it easy for lien holder to find/repossess the car. That's just Texas.
Itsyagyrl on 12/16/2010:
To: Babyblue -- you cannot go to prison.
That is balony.
Itsyagyrl on 12/16/2010:
Yoke: she is talking about civil action: sequestration.
It is not against the law to not make your car payments.
Starlord on 12/17/2010:
Itsyagirl is right on. Debtor's prison was abolished long, long ago. A a former LEO, believe me when I tell you that anywhere I have ever resided, police ae secfically forbidden from becoming involved in civil matters. The county where I worked, a deputy could do a civil standby, if one of the parties felt the peace may be broken and obtained an order from a court, but he/she is just there to assure a peaceful transaction. They cannot take sides in the matter.
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