Repo Man Stole Car

[JWR]

Got a real quick question, but I don't have all the details and not much time to post this (at work). Also, I'm not too sure if this is the right place to post this.

My brother did a stupid thing and got one of those title loans on his vehicle and wound up not paying it off. He basically just quit paying on it. Today the repo man came and got it and I was wondering if there is a way to get it back since he doesn't have a job and can't repay the FRNs. I know it started out as an 900 FRNS loan but is now around 2,000 FRNs. Other than that I don't have many details about it, but did tell him that if there was anything he could do about it, someone here should know, but also that if there isn't, you all should know that too. I can try to get more details if needed.

Any help would be appreciated.

JWR

Originally Posted by JWR

Got a real quick question, but I don't have all the details and not much time to post this (at work). Also, I'm not too sure if this is the right place to post this.

My brother did a stupid thing and got one of those title loans on his vehicle and wound up not paying it off. He basically just quit paying on it. Today the repo man came and got it and I was wondering if there is a way to get it back since he doesn't have a job and can't repay the FRNs. I know it started out as an 900 FRNS loan but is now around 2,000 FRNs. Other than that I don't have many details about it, but did tell him that if there was anything he could do about it, someone here should know, but also that if there isn't, you all should know that too. I can try to get more details if needed.

Any help would be appreciated.

JWR

i'm not too clear what you mean by 900 FRNS loan? also what's a title loan?
you might want to check out the thread on auto loan. there's some good stuff there. now, if the repo dude already picked up the car it's going to be more difficult getting it back.

[JWR]

PJT04,

What I meant by FRNs (Federal Reserve Notes) is that from studying here and over at Family Guardian, among other places, I know there is no real money loaned or even in circulation. So that's what I meant by that.

A title loan is where you go and get a small, high interest loan with your cars title as collateral. I'm not sure but believe you sign the title and let them keep it until you repay it. Then you get your title back. If it was an auto loan from a bank it might make it easier, but being the type of loan that it is, it seems almost hopeless

Unfortunately they did finally get his vehicle, and were real @$$holes about it. I was just wondering if there was any possible way he could get it back. Seems like a long shot but I would like to help him out if possible.

JWR

Originally Posted by JWR

PJT04,

What I meant by FRNs (Federal Reserve Notes) is that from studying here and over at Family Guardian, among other places, I know there is no real money loaned or even in circulation. So that's what I meant by that.

A title loan is where you go and get a small, high interest loan with your cars title as collateral. I'm not sure but believe you sign the title and let them keep it until you repay it. Then you get your title back. If it was an auto loan from a bank it might make it easier, but being the type of loan that it is, it seems almost hopeless

Unfortunately they did finally get his vehicle, and were real @$$holes about it. I was just wondering if there was any possible way he could get it back. Seems like a long shot but I would like to help him out if possible.

JWR

DID THE LOAN COME DIRECTLY FROM THE CAR DEALER OR INDIVIDUAL? DID IT COME FROM A FINANCING COMPANY?

IF IT CAME FROM A FINANCING COMPANY AND YOU SIGNED A PROMISSORY NOTE OR AGREEMENT YOU MIGHT BE ABLE TO BUILD A CASE AGAINST THEM.
LOOK AT THE PREVIOUS POSTS ON AUTO LOAN AND PROMISSORY NOTES.

I believe that JWR is my brother and I'm the one that had his vehicle stolen by the repo man. The details are as follows:

At approximately 1:20pm, I went outside to find my vehile attached to his tow truck. The tow truck was solid black with no identifying marks anywhere on it. This is a violation of Illinois law and I quote: "All tow trucks except those owned by governmental agencies must display a sign on each side. The sign must have letters not less than 2-inches-high, which contrast with the background. The sign must state the name, address and telephone number of the owner or operator." (Illinois Rules of the Road - Non-CDL Vehicles, page 6; Illinois Commercial Driver's License Study Guide, page 15).

The repo man was still attaching chains on my vehicle and I approached him and said, "what are you doing to my truck?" His response was, "I'm taking it..." My reply was, "oh no you're not. Unhook it. You're not stealing my truck." His claim was that it was his truck and he was taking it. I pulled out my keys and unlocked the door and he grabbed the keys out of my hand. I got into my truck and he physically attempted to remove me from the vehicle. I told him to stop physically assaulting me as he injured my left shoulder with his pulling on me. During this altercation, my elderly mother came out and he nearly knocked her to the ground.

This repo man became violent when my two brothers came out to find out what was transpiring and this repo man began to threaten them with bodily harm. He was yelling loudly and using many profanities. Futhermore, when my brother, JWR, had his hands full (assisting removing items from the vehicle), this repo man told him to put the stuff down so he can quote, "kick his f***ing ass." We all were in fear of our safety and believed he was going to attack us.

Also, I was in the driver seat with the door open and the back door was open too. The repo man jumped into his truck and started down the road. We all began yelling for him to stop and I was honking repeatedly on the horn. When he started taking off down the road, I nearly fell out of my truck and thought I was going to end up under the wheels.

After he finally left with the vehicle, I immediately went to the Title Loan facility and reported the incident to them. After that, within a half hour of the event, I went to the local police departed to file a complaint. The police refused to allow me to file a report of the incident. The only thing they would tell me is that is not what they heard happened. I insisted of filing an incident report and they repeatedly refused to allow me to do so.

At 3:20pm the repo man went to the police department to drop off my belongings that were left in my vehicle. He threw the bag of property at me and said, "you can't press charges for me doing my job." I responded back, "I was not pressing charges, I wanted to file a report... and it's not your job to physically assault and threaten bodily harm against others!" He ignored my comments and took off quickly in his unmarked tow truck.

Today, I called the county police department to attempt to file a report of the incident and they refused stating that it is outside their jurisdiction. The local police department won't allow me to file so what can I do about all of this? I am fully aware that it is an unlawful repossession and multiple crimes were commited by the repo man. What are my remedies? What are the steps I must follow to resolve this issue and regain possession of my property?

[seeker]

Try the State's Attorney Office in your county. IT is my understanding that they are required to take your complaint and act upon it. The locals do not have to do anything, or at least they think they don't. Contact the state's attorney and see what happens. Can't hurt. Might help. I'm in ILLinois too, and that is what an attorney friend told us when the locals would not cooperate.
Good luck!

Seeker

[JWR]

Hey BKR,

Yep, it's me!

Quote from BKR:
We all were in fear of our safety

I must correct you on this BKR, you know me well enough to know that I'm not one to get scared of some 6"2' guy that's threatening me, I'm ready to fight if need be. It just wasn't the place or time.

Quote from BKR:
and believed he was going to attack us

I believe he would have and was attempting to purposely cause a physical confrontation. If I would have known he had assaulted our mother I would not have helped with your stuff, I would have righted the wrong.

If you need any help with anything BKR just let me know. Most of my time is taken up with other problems, but this is something I want to pursue. Not only that, but I have been stewing over it since it happened.

JWR

Greetings,

I agree with Seeker. Use the State's Attorney, or possibly State Police. But, I might suggest doing it in the form of a proper affidavit (signed by two witnesses or notorized, preferably the latter). Also, you may have an issue of trespassing. If some states, police will not condone repossessions to take place on private property.[It should be ALL states!] I personally know of a situation in which a friend of mine caught a repo man in the act of starting to take a truck off his property. He told him if he touched the truck, he'd shoot him, that he was on private property, get out now. The repo man called the state police and at the same time, my friend called the state police. The state cop was communicating with both at once, on two separate phones. The cop advised the repo man that he was, in fact, trespassing, and told him to leave. If they can grab it out in the public way, a parking lot, parked on a street, etc., that's a different matter.

Sincerely,
truth

I will have to follow up (or at least make the attempt) at the State level since I'm being blocked at the local and county levels. Another option I will have to try is an Affidavit (or would a Declaration be more appropriate as some courts refuse to acknowledge Affidavits? A Declaration of Fact is always allowed in a court but not all Affidavits). Should I fax the Declaration to the local police department to force it upon them?

Another thing I have done was sent an email to the local newspaper informing them of the incident and the details of the event. Hopefully, they will publish it as I believe the citizenry of the local communities would want to be informed of the corruption occuring by officials in their own backyard. I'll keep you up-to-date on this angle on trying for publicity in this situation.

Futher, I think I'm going to pursue the angle of challenging the validity of the title loan (which is at an outrageous 300% APR). Don't really know where to start on this point but have been reading all the threads that may appear to deal with such a situation. Any input/pointers/suggestions will be greatly appreciated.

I do not know where you heard that courts do not acknowledge affidavits. Although, sometimes it may "appear" that way. But, the very point of using a proper affidavit, is that whether the one who it is served upon acknowledges it or not, IT IS ON THE RECORD. For example, if you and others were to do affidavits styled as "Affidavit of Complaint", get it notarized, put a copy on record at the town clerk's office or county recorder, and serve a copy on the local police, state's attorney, and state police, as your formal written complaint: they are now it a position that they HAVE to act on it, or they are in jeopardy of violating their oaths of office, which, by the way, you might consider requesting of them, along with their fidelity bonds.

If you DO NOT do these kinds of things, you are no threat to them and they know it, so they just arrogantly blow you off. What, can't pay your bills, loser, get outta here!!! That's their flippant attitude. They are only there to protect the COMPLIANT debtors in the community. After all, they are nothing but glorified bill collectors, themselves, under this system of reorganized bankruptcy. They are truly the lowest form of economic parasites on the planet.

And what usually happens is people do a little verbal whining and the big machine wins again. Just some thoughts.

Sincerely,
truth