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Questions & Answers


This is the place to ask questions regarding reposession/recovery to the "Recovery Answer Man". You can ask questions, then check back in a day or two to read the answers.

Read the questions and answers that have already been posted.

(eg. Boca Raton, FL)
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Name: Bruce Patterson
Date: 04/05/99
City: San Antonio, TX

Question: For repossession service, how do we obtain the bargain but avoid the inferior service?

Answer: Is shopping for price the best way to select a repossession service? NO! All men may be created equal under the laws of these United States, but all men are not created equal in ingenuity, ability, reliability, desire, expertise, or integrity. Rather than focusing solely on price, in these litigation crazed times lienholders first concern must be with insurance and other credentials. Another important consideration should be the repossession agency's success ratio. As in all things: " You get what you pay for."

Name: Gordon Parnes
City: Greensboro, NC

Question: When does "breach of peace" come into play during a repossession.

Answer: The right to repossess under UCC-9-503 is allowed only if the "breach of peace does not result from that action". There is no hard and fast legal definition for "breach of peace". It is generally considered disturbing the peace or tranquility, making physical threats, or even bodily harm. An experienced repossessor will withdraw from contact with a debtor if he, or anyone else on the scene, becomes angry enough to make the repossessor feel violence may occur.

Name: Stanley Holmes
City: Dallas, Texas

Question: Should I tell the debtor that we may decide to repossess if they don't pay current?

Answer: If you make the decision to repossess, do not arm the debtor with that information. It may not only put the repossessor in physical danger, but also cause the debtor to hide the collateral, trade cars with a friend, or even skip town.

Name: Brenda Scott
City: Los Angeles, CA

Question: What is skiptracer and what can they legally do?

Answer: Skiptracing is the specialty of developing information about debtors for the purpose of locating collateral. Under the Fair Debt Collection Practices Act, to locate a debtor, a skiptracer can contact anyone, such as the debtor's employer, neighbors, friends, etc. However, he should not say that he represents the lender. He is merely "Jim Smith" and he needs to or is confirming place of employment, telephone number, address, etc. He may not identify his employer unless he is directly asked to do so. He may never say that the debtor owes a debt, not even if the debtor's employer or relatives expressly ask for that information.

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