I read your question, read it and read it again and I am really confused. I have owned a repo. Company for 11 years this November and NEVER um... let me repeat that NEVER have I remotely heard of anything like this. As a matter of fact I called other repo. Company owners in town and they though that I was reading it wrong, so I printed and faxed your question to 5 other company owners, they think that you either have your facts wrong or your Uncle does, or he has one heck of a lawsuit going.
What your Uncle needs to do is the following:
1 ~ Call the police department on ANY type of repo. It has to, by law, be called into the police department by the person that repo'd it within 1 hour, if not it is Grand Auto theft.
2 ~ If they did in fact call it in you need to ask them what company came and took it. Get the name of the repo. Company and their phone number, the police have this information.
3 ~ Call the repo. company and ask them under whose order they were acting under and then demand they send you a copy of the order
4 ~ When you get the repo. order in your hand give it to your Uncle. NO ONE will give you any information under the Consumer Protection Act. Have him call the person listed as the person that ordered the repo, and ask them under what order THEY acted.
5 ~ Most importantly, unless your Uncle used the unit for collateral, and they came out and took it without notifying your Uncle, that my friend is called Grand Auto Theft. Your Uncle needs to then go right to the police department and file theft charges against : The driver of the repo truck, his / her name will be on file with the police department when the unit was called in. The repo. Company for a "wrongful take" they have a surety bond for cases like that. Your Uncle, if he is 100% in the right can sue and tap that bond for up to but not beyond 50,000.00 cash. He also needs to press charges on the person who sent the order out, and finally the person who initially placed the order.
Owing a phone bill is a CIVIL matter. They can not take your Uncles car for owing a bill of any kind unless of course it is a car payment, then it is assured they will take the unit.
He can also sue for other related expenses such as car rental, things directly related to this wrongful take. But first and foremost call the police as I have outlined for you and get the ball rolling.
This is the strangest thing I have ever heard of, and I thought until today I have heard it all.
2006-09-19 12:27:33
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answer #1
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answered by Anonymous
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Best Advice. Have your uncle contact a Lawyer and explain the situation, then get some legal advice.
To me, sounds weird. The phone company would have had to win a case, and then possibly they could repo the car, but there would be a court order somewhere for it.
2006-09-18 09:13:21
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answer #2
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answered by Kevin J 5
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no. however...he maybe should have followed up on the court stuff instead of waiting to hear about it. maybe there was a date and the phone co. won by default because your uncle wasn't there. the court could repo. his assets but not the actual phone company, i would think. that's crazy. of course, this is southern bell you said? things are crazy in the south.
2006-09-18 09:07:56
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answer #3
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answered by Anonymous
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You might want to check because there is no phone company called Southern Bell. BellSouth yes, But Southern Bell not any more and not for years has there been a Southern Bell telephone company.
2006-09-18 09:08:05
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answer #4
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answered by thunder2sys 7
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No not at all. If he didn't owe anything on the car, no one can take it. He should have called the police when the tow truck pulled up. A phone company couldn't repo his car, even if he did owe them money.
2006-09-18 09:11:59
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answer #5
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answered by Mike Hunt 5
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sounds a little weird, maybe your uncle will be able to sue southern bell when this is all over with....never heard of anything like that before.
2006-09-18 09:07:07
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answer #6
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answered by Kit Kat 2
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in the beginning, does he understand they had a judgement against him? in the event that they did no longer have a judgement, they are able to't take his automobile as fee. in the event that they did have a judgement, they are able to't take the motor vehicle, yet can get a courtroom order to rigidity the sale of the motor vehicle with the quantity owed getting faraway from what he gets for the motor vehicle. they could desire to furnish you a undeniable volume of time to truly do the sale and that they could desire to get a courtroom order to do it to boot as to garnish wages, that's often the 1st step.
2016-10-15 03:30:38
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answer #7
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answered by Anonymous
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DAMN HOW BIG WAS THE PHONE BILL? NO THIS DOSENT SOUND RIGHT SOUND SHADY WHATS THE LAWER HAVE TO SAY ABOUT THIS?
2006-09-18 09:03:39
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answer #8
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answered by brandonsgix 2
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no there is no connection. they cant do anthing like take your car. thats ridiculous
2006-09-19 10:23:41
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answer #9
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answered by MiaDiva28 6
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