Car repossession is one of the worst things that can happen to a car owner especially when you have grown too attached to the car. You will just watch your car taken away from you simply because you do not have the money to continue the payment.
When a repo man comes to repossess the car, there may be little or nothing you can do to stop the repossession. He will do everything possible to tow the car away even if it means getting the help of the police. But can a repo man move another car to get to yours?
No, during car repossession, a repo man cannot move another car to get to yours except if he obtains consent from the owner of the obstructing car, obtained a towing permit granted by the property owner (like a parking lot), or has requested assistance from law enforcement.
Can Repo Man Move Another Car to Get to Yours?
A repo man has the legal authority to repossess a car that is subject to repossession due to non-payment or other contractual violations.
However, the repo man generally does not have the authority to move another person’s car to access the vehicle he is attempting to repossess.
If the repo man needs to repossess a vehicle blocked by another car, he may have to wait until the owner of that car moves it or seek alternative solutions.
Car repossession is governed by a set of laws and regulations that are designed to protect the rights of both creditors and debtors. Repo agents know these laws at the tip of their fingers and they follow them in their daily work of repossessing vehicles.
Therefore, a repo man does not have the legal right to move another person’s vehicle to access the one he intends to repossess because doing so could infringe upon the rights of the owner of the obstructing vehicle and lead to legal repercussions for the repo agent and his company.
When Can Repo Man Move Another Car to Get to Yours?
Here’s when a repo man can move another car to get to yours:
1. When He Obtained Consent from the Vehicle Owner
One of the scenarios whereby a repo man may be authorized to move another car to get to yours for repossession is when he has obtained consent from the owner of the obstructing vehicle or the property owner where the repossession is taking place.
For example, if the car blocking your vehicle does not belong to you; maybe you are parked in a friend’s driveway or a grocery store parking lot, and a repo agent comes to repossess your car. He can move the vehicle blocking yours if he gets the owner’s permission or consent to do so.
He can achieve this by explaining the situation to the owner of the obstructing vehicle and seeking his/her cooperation in moving it.
The vehicle owner may permit the repo man to proceed and may even remove his/her vehicle by himself/herself to enable the repo man to do his job.
However, while this approach is the most amicable, it may not always yield favorable results, as the owner of the car may be unwilling to comply, leading to further complications. So if the owner refuses to give his consent, the repo man, under law, cannot proceed to move the vehicle.
2. When He Gets Assistance from Law Enforcement
Another scenario where a repo man can comfortably move another car to get to yours is if he has the assistance of law enforcement because they may have the authority to move the obstructing vehicle legally without any issues.
However, before a repo man seeks the help of the police in car repossession, there must be a clear legal basis for the repossession and the obstructing vehicle’s owner must have been uncooperative.
You can’t just call the police to come help you move a car blocking another car simply because you want to repossess the other car. You must have tried other means by at least, getting in touch with the vehicle owner and he/she proves uncooperative.
Moreover, where getting the help of law enforcement agencies works the best is in scenarios where the vehicle blocking the car is still owned by you or your wife.
You can purposely use another vehicle that belongs to you or a member of your family that is not up for repossession to block the one that is up for repossession in your private property. In this scenario, the repo man may request the assistance of the police in moving the vehicle with no issues at all.
3. When the Towing Law Permits Moving the Vehicle
A repo man can move another vehicle to get to yours if the towing law of your state of residence or country permits them to do so.
It is true that towing laws vary from state to state and are subject to interpretation, some jurisdictions may have specific provisions under towing laws that grant repo agents the authority to tow an obstructing vehicle under certain circumstances. So, if this is your case, the repo man can confidently move the vehicle to get to yours.
Be that as it may, I’ve heard some repo agents saying that they have moved another car blocking the one they’d come to repossess without any issue. Insisting that if the owner of the repossessed car or moved car calls the police, they will tell the police it’s a civil matter.
They went ahead to say that, while moving the vehicle blocking the one they’d come to repossess, it must be done with extra caution to avoid damaging anything in the vehicle. Just remove it, repossess the car, and move it back to where it was without any damage.
However, that does not change the fact that moving another person’s vehicle without proper authorization from the person can give rise to civil disputes and even criminal charges, ranging from trespassing and property damage to theft and unlawful repossession.
What If a Repo Man Unlawfully Move Another Vehicle to Get to Mine?
If a repo man unlawfully moves another vehicle to gain access to yours, here’s what you can do:
- You Should Document the Incident: As soon as you become aware of the unlawful action, document the scene. Take photos or videos of the repo man and any damage caused to the vehicles involved. Note down the time, date, location, and any other relevant details.
- You Must Remain Calm and Do Not Confront the Repo Man: While it’s natural to feel upset or angry, avoid confronting the Repo Man directly as confrontation may escalate the situation and lead to further issues. Instead, focus on gathering evidence and solving the matter through appropriate channels.
- You Can Contact the Authorities: If you believe the repo man’s actions were unlawful, call the police and report the incident by providing them with detailed information about what happened and any evidence you have gathered. They will investigate the matter and determine if any laws were violated.
- You Can Seek Legal Advice: You may have to consider getting in touch with a lawyer who specializes in consumer rights or repossession laws to advise you on your legal options and help you understand your rights in this situation. If the repo man’s actions caused damage to your property or resulted in financial losses, you may be entitled to compensation.
- You Can File a Complaint: If the repo man is affiliated with a repossession company, consider filing a complaint with the company by providing them with a detailed account of the incident and any evidence you have gathered. The company may take disciplinary action against the repo man and offer restitution for any damages incurred.
- You Can Also Take Legal Action Against the Repo Company: If the unlawful actions of the repo man caused damages or losses, you can choose to pursue legal action against them. This is where your lawyer comes into play. He/she can help you assess the viability of a lawsuit and guide you through the legal process.
Conclusion
Generally, a repo man does not have the right to move another car to get to yours for repossession except he has obtained the permission or consent of the vehicle owner to move the car.
Also, a repo man does not have the right to move another car to get to yours except if he gets the police to assist him in moving the vehicle or if the repo company that the repo man represents has a contract with a property owner (like a parking lot), they might have permission to move other cars to access the target vehicle.
