In the middle of the night, you wake up to hear a tow truck backing into your driveway. Rushing outside, you ask the driver why your car is being towed. The tow truck driver answers he is repossessing your car. Wait, you say, you don't have the right to do that. You refuse to give up your keys. He proceeds to tow your car. You ask him to stop. You are worried; you need the car to get to work and to buy groceries. What can you do?
Despite the prevalence of repossession in Tennessee (16,000 repossessions occurred in the state last year alone, according to News Channel 5 in Tennessee) only three states have laws that regulate who can be an employee of a repo company. In Tennessee, repo companies are not required to run a background check on their employees. This means that individuals with extensive criminal backgrounds are still being hired. News Channel 5 in Nashville reported incidents of local repo workers who had 19 or more prior convictions, including assault, but were still approved by the Transportation Licensing Commission. No training is required to be a repossessor in Tennessee. According to the News Channel 5 report, seven deaths have occurred in repossession incidents in the country in the last five years.
Repo workers have the right to tow your truck if you defaulted on a loan as long as they do not "breach the peace" or trespass on your property. However, this means that if you order a repo worker off your property, that worker should leave.
Creditor Harassment
Violent repossession incidents are dramatic evidence of a problem facing many debtors: creditor harassment. For those behind on payments, creditor harassment can be a daily event. Fortunately, the Fair Debt Collection Practices Act protects consumers from some unfair and harassing behavior. For example, debt collectors can only call after 8 a.m. and before 9 p.m. Debt collectors cannot use violence, obscene or profane language or call anonymously. If you are facing creditor harassment, contact an attorney to discuss your rights under the law.
Bankruptcy Can Stop Creditor Action
If you have fallen behind on auto payments and other bills, you may wish to consider bankruptcy. After you file for bankruptcy, the court will issue an "automatic stay" - meaning creditors must stop collection actions, including foreclosure and repossession, while you figure out creditor payments through the bankruptcy plan. Often, bankruptcy can result in a much better financial situation for yourself and end harassing creditor phone calls and letters.
