Jump to content

Does a repo service have to be liscensed?


Recommended Posts

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

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

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

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.htm

California 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

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.