parko03 Posted April 14, 2005 Report Share Posted April 14, 2005 Not sure as to how the business operates.Also, if they do how would I find out if they are liscensed. They folks that picked up my car, their website says they "operate" in 3 cities, mine is NOT one of them. Also, they say they are liscensed, bonded, etc.Any idears. Link to comment Share on other sites More sharing options...
DocDon Posted April 14, 2005 Report Share Posted April 14, 2005 Their licensure (if required) is state-wide. You can search for them here:http://www.dba.state.va.us/licenses/You should also check your state legislative site to see if they are considered 'collection agencies' under your state Collection Practices laws... Link to comment Share on other sites More sharing options...
parko03 Posted April 14, 2005 Author Report Share Posted April 14, 2005 sorry for the ignorance but I can't seem to figure out how to look up a business on that website.What type of business is a repo? What category? Link to comment Share on other sites More sharing options...
DocDon Posted April 14, 2005 Report Share Posted April 14, 2005 I got lost on that page too. Not very user-friendly.Try here:http://www.dba.state.va.us/licenses/resources.asp?SECTION_ID=59It's the Department of Professional and Occupational Regulation. You can give them a call at they'll either do a search on the spot, or point you in the right direction. Link to comment Share on other sites More sharing options...
ocn2000 Posted April 21, 2005 Report Share Posted April 21, 2005 If they have already taken your car and retuned it back to the dealer, does it really matter if they have to be licensed?? Licensing issues between the company and what ever goverment agency would license them won't get your car back. If they are knowingly operating without a license, they must not be too concerned with the ramifications. I would direct my attention to something else. Let's say they do have to be licensed and you report them and they are fined, that would be it. It's not like some court is going to order them to get your car back for you. Link to comment Share on other sites More sharing options...
Guest Posted April 21, 2005 Report Share Posted April 21, 2005 Because OCN.. what you fail to realize that if someone is conducting business without a license.. then the OC has committed a breach of the peace by using an unauthorized company to repo the car.You could use this as a defense in a lawsuit. Not to mention if something happens to the car, you could hold them liable.Dont always think in the big.. you have to look at all the angles and how it all plays out. Technicalities can be your friend Link to comment Share on other sites More sharing options...
DocDon Posted April 22, 2005 Report Share Posted April 22, 2005 If they have already taken your car and retuned it ack to the dealer, does it really matter if they have to be licensed??It most certainly does. It makes the repossession illegal. While the car may have been sold at auction, the monetary damages that may be awarded will make up for that.Remember too that courts have upheld that creditors are liable for the actions of their contracted agents in self-help repossessions. An OC using an unlicensed agent? Shame, shame.Take a look what they did in Maine:http://www.state.me.us/pfr/ccp/repocomp.htmCalifornia Business & Professions Code:Any person who engages in repossession activity (other than a licensed repossessor), is guilty of a misdemeanor which is punishable by a fine of $5,000 or by imprisonment in the county jail for not more than one year, or by both. [b&P 7502.1(a)]And, as Sky Warner pointed out, there cannot be a breach of the peace during a repossession....per the UCC (Uniform Commercial Code) Article 9, § 2A-525. LESSOR'S RIGHT TO POSSESSION OF GOODS:(3) The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action."without judicial process" means hiring a repo company to come get the car (ie: self-help repossession). Link to comment Share on other sites More sharing options...
parko03 Posted April 22, 2005 Author Report Share Posted April 22, 2005 I still can't seem to find whether they were liscenced or not.OCN. It DOES matter because if they've screwed up too, then I can sue them right along side of Americredit for ordering the repo. Link to comment Share on other sites More sharing options...
DocDon Posted April 22, 2005 Report Share Posted April 22, 2005 You can call that state office. They'll usually look it up for you on the spot. Link to comment Share on other sites More sharing options...
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