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Can a repo man enter public property marked with no

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trespassing signs to recover property...
Can a repo man enter public property marked with no trespassing signs to recover property that doesn't belong to landowner by driving through numerous yards to actually recover the car at approximately 1 AM. Several of the landowners and neighbors complained about their property damages and asked him to leave. But he never acknowledged any attempts aimed in an effort to stop driving in yards. He never rolled the window down to acknowledge requests to leave or refrain from driving through personal property. He just proceeded to continue without any explanations or invitation to enter properties and destroying multiple lawns.
Submitted: 7 months ago.Category: Legal
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12/29/2017
Lawyer: ScottyMacEsq, Attorney replied 7 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. So to be clear, this repo man crossed several private properties, and entered a "public property" (did you mean to say this) that indicated no trespassing... Who is able to use this public property? And he actually drove over the yards to recover the property? What is the nature and extent of the damage to the properties?

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Customer reply replied 7 months ago
No. I meant he entered onto private property with several no trespassing signs clearly posted, he entered in my driveway and drove around the drive around the back of my house where my neighbors live and again another no trespassing sign is clearly posted and drove through their yards where he hooked to the vehicle and proceeded to drag not lift and tow drag the vehicle through their yards so the potential damage from what I could tell was lawn damage to both neighbor's yards. Ruts in their yards for lack of better word and just to be clear he accessed my driveway which is posted as private property with no trespassing signs follow the driveway around the back of my house to my neighbor's driveway and proceeded to drive through their yards pulling the vehicle through their lawns and exiting out of the drive without even acknowledging our attempts to maintain our property and intent to to keep our land to ourself by taking the necessary steps towards maintaining a personal right to prevent anyone from utilizing land as make shift easement.
Lawyer: ScottyMacEsq, Attorney replied 7 months ago

I see. Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

First of all, under the laws in Mississippi, anyone using self-help repossession cannot commit any type of breach of the peace while repossessing the vehicle. This is why they like to repossess in the middle of the night. If no one is around there won’t be a breach of the peace. A breach of the peace happens when the person doing the repossessing acts in a disorderly manner or destroys property. For instance, they can take your car out of your driveway, but they can’t open a closed or locked garage to get to it. They can take your car from the parking lot at church or work, but they can’t force you out of the car to do so.

So legally speaking, it's not actually trespassing because there's a contractual relationship between borrower and the company that financed the vehicle, and then the company and the repo agent. As such, the person is technically a "licensee" and authorized to enter for limited purposes (i.e. repo). Now damages caused by the repossession can be the basis for legal action. He can't drive ruts into your yard or the neighbors yard, and to the extent that you can prove monetary damages to repair the damage incurred, you can sue him for that (and maybe the financing company that hired the repo agent). But note that there would have to be provable economic damages as a result of this person's actions.

If there was a breach of the peace, it could be a crime. Trespass occurs when there's a breach of the peace, so if there was more than simple entry but opening of a gate, breaking a lock, etc... then that would be something that you'd want to take to the police and file charges.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (>1 hour now) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Please note that I am still waiting for your response or rating...

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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