2007-03-09 19:58:47 · 8 answers · asked by Brandy O 1 in Cars & Transportation ➔ Other - Cars & Transportation
The tow truck driver cannot breach the peace when repossessing a vehicle. If the vehicle is in a locked garage, the tow truck driver cannot break in to get it.
If you are standing there when the tow truck driver tries to take the vehicle and you tell the driver to stop, legally the driver must not take the vehicle.
You might do some reading on the following link, even though it is from the Illinois Legal Aid, most of the basics fall under all states.
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=17#Unlawful
2007-03-09 20:40:46 · answer #1 · answered by echo 7 · 0⤊ 1⤋
By that time it's a bit too late.
The tow truck driver is there for only one purpose...to impound your car, not to collect payments.
You have become in default of your car loan and papers have already been signed to legally repossess your car long before the tow truck driver even heard of your address.
If you try and physically take back your car at that point, the tow truck driver has the legal right to call the police and have you taken in for assault.
So now, your only recourse is (especially if you all of a sudden have come up with the payment), contact your creditor and make arrangements to pay what is necessary to return the car back to you...this will of course include default penalties and impound fees.
2007-03-10 04:09:26 · answer #2 · answered by GeneL 7 · 0⤊ 0⤋
No, that would be a matter between you and the finance company. The tow truck driver has a legitimate pick up order and will get the car. In some cases the driver can drop the car if you pay the full balance then due, you can ask at scene.
But that would be the full balance due, not just the payments you were behind.
2007-03-10 04:05:01 · answer #3 · answered by oklatom 7 · 0⤊ 0⤋
When your car is being repossessed, it is too late to make the payment, unless you arrange it with the credit agent to make a rush payment via Visa or Mastercard. The tow truck driver has the legal right to repossess your car, because it is the creditor's property.
2007-03-10 04:06:34 · answer #4 · answered by Agent319.007 6 · 0⤊ 1⤋
No, and moreover, you shoudn't even think about giving it to him. The tow truck driver is being paid by the repo company. He is a third party that has been brought into the transaction after the fact. He has no interest in your cash, no fiduciary responsibility outside of the repo contract and no obligation to turn any money he receives over to the finance company of your intent.
Sorry. He's just doing his crappy (but well paid) job.
2007-03-10 04:04:27 · answer #5 · answered by Goofy Foot 5 · 0⤊ 0⤋
the tiff aint between the repo man and you. If you have the money why not pull yourself away from your video game and go pay the financier and not get the repo man involved in the first place. he is doing a crappy job anyway. putting up with someone's BS is wrong. pay on time and you have no worries. pay late and accept the consequences with grace. never know when you might be part of a tv show and the whole world will be seeing what a deadbeat you are and an @sshole to boot.
2007-03-10 05:06:06 · answer #6 · answered by Dalton K 3 · 0⤊ 2⤋
No way. He needs to take your car. His job is to come back with a car, not with an envelope with a couple hundred bucks in it. He's absolutely not qualified to negotiate with you in any way.
In fact he should NEVER take cash, because if he does, it would create a bad situation if you claim you gave him more money than you actually did.
Just talk to the finance company office and work it out with them.
2007-03-10 04:16:28 · answer #7 · answered by Wolf Harper 6 · 0⤊ 0⤋
No. How would the truck driver get paid.
2007-03-10 04:13:35 · answer #8 · answered by bestbet77 3 · 0⤊ 0⤋