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can a repo man come on to my private propety and repo a car

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that belongtoo someone else...
can a repo man come on to my private propety and repo a car that belongtoo someone else . I didn't know it was up for repo . Also my propety is posted NO TRESSPASSING . live in sourthern al I ask the repo man what gave the right to some on my propety and heheld up a clip board ,didn't have time to read ,this all before he hooked up.+also do ihave any leagl recorse or can people just come to my propety whenever they want also he didn't let me get the suff out .itwas a work van aith paint supplies materials.can you give me advice    thanks
Submitted: 8 years ago.Category: Legal
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3/11/2009
Lawyer: Jack R., Attorney replied 8 years ago
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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The repo man is required to leave if you ask him to do so. He is allowed to come onto your property but he cannot create a public disturbance, such as getting into an argument with the home owner. You can check with local authorities. You may be able to file a lawsuit against the repo company if there were witnesses to corroborate your story. You should be able to request your property back.


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Customer reply replied 8 years ago
what about my propety being posted NOTRESSPASSING
Customer reply replied 8 years ago
what about my propeyy being posted NO TRESSPASSING
Lawyer: Jack R., Attorney replied 8 years ago
Normally the finance company or bank that has your loan has the legal right to take your vehicle if you get just one payment behind on the loan. They can take it any hour of the day and with no advance warning at all. They can come on your property to repossess your car or repossess your truck too.

But car repo law does not allow the creditor to “breach the peace” by making threats or using force. Hiding the car can be a crime in many states if you do it with the intent of “hindering” a secured creditor (like your loan company) from being able to retrieve the car. A NO TRESPASSING sign is useless as a defense.

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


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Customer reply replied 8 years ago
you were not helpful in answering my questions .first, i said the car was not mine and i didn't know that the van was up for repo . ithas been sitting for over 5 years broke down in the back also when i saw the man on my land and went out to find out who he was and what he was doing on my property he said he was with some repo co and i totd him i didn't think he had a legal right to be my property he waved aclip board at me and said that gave him the right to be there but didn't let me read it and went on hooking. you didn't ahswer my question . how was i supose to know who he was he could haye be a thief driving up in a truck to steal anything he wanted are what ever and you said i don't have anything ican do .so anybody can come on my land claim to be arepo co and take whatever they want without letting me what ever paper they have and i don't have a legal recorse . you answered me like i was the guilty person and missed the whote question
Customer reply replied 8 years ago
you were not helpful in answering my questions .first, i said the car was not mine and i didn't know that the van was up for repo . ithas been sitting for over 5 years broke down in the back also when i saw the man on my land and went out to find out who he was and what he was doing on my property he said he was with some repo co and i totd him i didn't think he had a legal right to be my property he waved aclip board at me and said that gave him the right to be there but didn't let me read it and went on hooking. you didn't ahswer my question . how was i supose to know who he was he could haye be a thief driving up in a truck to steal anything he wanted are what ever and you said i don't have anything ican do .so anybody can come on my land claim to be arepo co and take whatever they want without letting me what ever paper they have and i don't have a legal recorse . you answered me like i was the guilty person and missed the whote question
Lawyer: Jack R., Attorney replied 8 years ago
I am sorry you feel I did not answer your question. Ownership of the vehicle is really a non-issue. The bank owns it for lack of payment. If the car is subject to being reposessed it may be recovered from wherever it is. It does not matter that you do not own it, or that it is on your property. I understand you do not like the situation, but the law permits this type of activity. As I said if you ordered him off the property he should have left, but he is allowed to come back when you are not around.

The law has many instances of this, for example if you unknowingly purchase stolen property, it can be taken from you even though you did nothing wrong. Your recourse is against the seller of the property, not against victim, or individual recovering the property.

The situation here is analogous you are keeping in your possession, or on your property something that belongs to someone else. Do you really think anyone could get a car loan if people could stop paying by simply parking the car in someone elses garage.

You asked for what the law proscribes, and I tried to respond. The fact it does not provide any relief is certainly not something I can control. Your argument is with the purchaser of the car, not the repo man.

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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.</p><p> </p><p> </p><p> </p><p> </p>
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