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whatev - 10-10-2009

FYI, all. This is no cop. She's an "investigator" in a repo company. In most states, pretending to be or using any identifier that alludes to law enforcement in order to collect a debt is illegal. Threatening criminal prosecution because you cannot be charged with auto theft, grand larceny or anything of the kind if there's no court order requiring to surrender the "secured property" or vehicle. And threatening replevin is illegal unless the debt collector/repo co/repo agent intends to do that.

"Secured debt" like vehicles is DEBT. Repo companies are DEBT COLLECTORS and debts are CIVIL contracts. It is NOT illegal to prevent a repo company from taking your vehicle unless you're under court order to surrender it (and you've been properly served) and fail to do so. The vehicle is YOURS, even if there's a lien on the vehicle. "Inspector Kate" is lying if 'she' tells you you'll go to jail if you don't allow your vehicle to be repoed. You can SUE her, the repo company and the lienholder (finance or leasing company) that hired her for these tactics, for intentional infliction of emotional distress and mental angish, FCRA, FDCPA and other violations of federal law, invasion of privacy and anything else you can come up with if they do this and get your car. Make it cost MORE to take your car illegally than to get it legally; then use the proceeds to wipe out that deficiency.

Finally, don't fall for the "you're a deadbeat" and "you need to pay your bills" garbage. Unless you really ARE a deadbeat who never pays their bills and the debt collector can PROVE it in a court of law, that's illegal, abusive, defamatory and slanderous attack that you can sue them for. Notice, however, those calling from this phone number NEVER identify their company. They're supposed to so you can contact them by mail and tell them to cease and desist. It's the LAW and there's no separate law for repo companies. That's another violation for which they can be sued. If you're lawyer is creative, you can sue for "breach of the peace" in their getting your vehicle--especially if they can prove failing to surrender your vehicle to THEM is a criminal offense.

Caller type: Collection Agency
Caller: Investigator Kate
Company: Repo Company
Number: 866-495-2005


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