Credit Union trying to repo van!!!

First off, this is my 1st time to post anywhere so bear with me as I'm also very new to computers.... I've been on the internet for hours the last few days and have learned alot but found no case out there like mine so I was hoping that someone has a little more knowledge (legal would help) than I could find. Monday there was a flat bed tow truck and a guy in a white new pickup that pulled up out front. I grabbed my keys, flew out the door, jumped in my van, backed out of the driveway and drove right past before they could even think what was happening. I drove the van to the back of our property which is accessed from a private drive one street down. I parked it there and ran back into the house. I couldn't believe it but a few minutes later the white pickup pulled up to the gate in the back property. (It's got the 8ft. double panel chain link gate which I had shut.) Within about 10 minutes the tow truck finally left from the front.
So here's the story - we have been current on all payments, never late 1x. We have or should I say had another account (credit card) with this credit union which was "charged off" about a month ago. On November 5, 2004, we got (won) an arbitration award against this CU. (We were told we had to wait 90 days before we were able to turn the arbitration award into a judgement? So we only have another week or so on that.) The credit union months ago told us that the 2 accounts were "cross collateralized" and at one time had sent us a letter basically saying if we did not pay the balance in full they would get our van as collateral. However, that was a few months before arbitration and of course, we have since won so how can they think they can still come and get our van???
Needless to say this has been the most stressful week. In by "internet research" I've done, it's my understanding the CU can get a "Writ of Replevin" and have a sheriff serve it (with the repo guy) and I have to give up the van? Without even a hearing? What's this "possession is 90% of the law"? Then if the sheriff gets it back to the CU, it's pretty much over for us? Do we have to answer door? I'm beginning to think this Arbitration Award is really useless if the CU can totally act like it's no big deal. They were suppose to have cleaned up our credit report but instead each month they kept reporting! I've heard horror stories about repo people. Our van is now in our back yard right up against our backside of house by our bedroom window! Crazy, huh? We have nowhere to put it. It would be impossible to put in our garage. Can they come into our back yard onto our grass and take it out? We just put a "No Trespassing" sign on tonight. I read to do that on another site. My understanding with that sign up a sheriff is not even allowed on the property.? I know this is alot and I apologize if I'm just rambling but I'm just at a loss what's going to happen and a little scared. If anyone has any knowledge whatsoever it would be truly appreciated!!!
ras

[KITCHIE]

WOW those repo guys are something heh?

I would juggest that you make sure your no trespass sign is international orange for the backgrond. If you have a large parcel then you must put up every two hundred feet and international orange (IO) post or 10"x50" something that is IO.

I have a sign that goes with no trespass that is simular to the on here in the down loads. I mad the $5,000.00 per day land use fee per person or any portion there of. One of the repo guys didn't come on my property. One did with some threats, and left rather abruptly, the third came and went no big deal, car in garage at all times. The can go to jail for breaking and entering.

I have not mad a payment since June 2004 and right now they are tied up in an Administrative Process that they will not respond to. They can respond, however they expose the fraud and subject themselves to jail time if they do so they reamin silent!!

The CU is acting in bad faith. Go file and injunction on them with the court.

Try to get a declatory judgement on the arbitration. This is now about the process. Pick out all the violations and start writting.

Kitchie

[Livefire]

I would also take pictures and get as much info as you can on the people harassing you. You will need it later when you eventually file criminal charges. I would also get the court to give you that judgement based on the arbitration award as Kitchie said, that way you can serve a copy of that on the sheriff. If
your vehicle gets repoed then, you will OWN a repo copany! LOL besides them cooling their heels in prison for grand theft auto.

As far as the CU is concerned, Google the term cross-collateralize and see if this is a legitimate banking term and practice. Its only my opinion, but if you didnt agree in writing to use the vehicle as collateral for the 2nd account there's no way they legally seize the vehicle. I think you're being scammed there. You might be able to build a case for fraud there.....

Lastly, after you get that judgement against the CU, I would file a UCC-1 financing statement for the amount of the judgement and reasonable costs of collecting it ( if allowed by law ) against the assets of the Credit Union.
That outta motivate them to settle with you!

Thanks Kitchie for the info. I didn't know there was a down load section on this site. I'll check it out. You mention your car is in the garage at all times and that they can go to jail for breaking and entering but our van is in our back yard. We don't have a place to lock it up. Can they get in trouble for entering our back yard? I'm fixing to look up "injunction" and "declatory judgement" so I'll understand this a little better. I'm assuming the "declatory judgement" you mention can't be filed until 90 days later, as well.? I really really appreciate it!

Do you or anyone else reading this know anything about a "Writ of Replevin"? I've looked everywhere I know of to look (which I'm sure is just the tip of the iceberg of info out there) and can't seem to find out exactly how they work? I was still wanting to know if they could get a W.O.R. and then come get the van without even having a hearing to hear our side of the story.? I'd also like to know if a sheriff comes to the door with a W.O.R. and requests we give up the van, if we have to then? or maybe we just should not answer the door? (I really don't want to go to jail - I do have 3 small children who need me at home.

ras

Livefire I guess I was typing my last post when yours came in. Thanks! Great info. I will definitely check all that out and get to it. About the cross collateralization thing, unfortunately I checked that out and it is right on the contract/agreement I signed. My understanding is that a lot of the credit unions have that. Thanks again.

ras