Legal notices, repo men and harassment.

[motobrewer]

Guess I'm just a little more of a cool customer.

aka, "target"

 

[ChshreCat]

Another update:

I called the deputy back to see if it made a difference that the person wasn't from the repo agency and maybe he could give her a call. Turns out I misunderstood him when he said he couldn't call her. What he was saying was that he had the name, but no number and couldn't find any listings for her. If he could, he would have called her. He just doesn't feel comfortable calling another agency (she was from another county) and having them go pound on her door over this. I can see that.

What he was able to tell me was that the registration had her listed as a "court officer" which he said doesn't necessarily mean she's working for the court, but she is most likely the appointed collection agent working for a bank, another repo agency, a car dealership or something.

So, it makes me feel a little better that this isn't some women the guy owed drug money to or something. The odds of her coming to burn my house down in the middle of the night are greatly diminished and at least there is some set of laws and policies that she SHOULD be abiding to. If I can find out where she's from I can at least call her boss and tell him to "get this psycho B**** off my back".

 

[jezter6]

Record everything.

Even if you're not the debtor they are seeking, you may still have a private right of action against the collector if you can define them as a debt collector according to the Fair Debt Collection Practices Act.

Pray to god you can get on tape saying they're going to put you in jail and take your property. Get a decent contingency lawyer (NCLC.org, or naca.net) and sue them. You may make a whopping $1k out of her crap. If you can prove some damages (umm, you're distressed and not eating well, you should go see a doctor), you can get a little more...but the big hit for them (and why some attorneys will love this) is that they could have to pay attorney fees which could easily rack up into the 5k range.

 

[ChshreCat]

Talked to another repo company today, just to see if they were the ones that sent the woman out on Sunday. They weren't, but the guy was pissed that a "repo show cowboy" was in his area doing things like that. So, he took the plate number I had, ran it and is going to track the person down and have a word with her and get her in contact with me. He's also going to see if she's even operating legally and see if he can take some steps to take care of her for me.

You send a repo man to my house?!? I send a repo man after YOU!!! BWAHAHAHAHAHAHA!

 

[BBKing]

Good on you for doing your due diligence. Finding out that the woman is unaffiliated with the proper (and assumedly reputable) businesses in question DOES make it a lot more threatening.



Good on you again for having the means to protect yourself. Hope I didn't offend with the home invasion warning; my daughter's nine - I put myself in your shoes and it got me sorta hot and bothered thinking of sending my little one off to open the door. At her age, answering the door is a serious offense.



Time, time, and time again this EXACT scenario has been the beginning of someone looking to take the house. Groups of robbers/looters/whatever regularly send a woman to scout/case the place, often times with a little emotional bit of some kind thrown in to gauge the reaction of the people who live there, as well as peeking around to see what you've got. It's not paranoia - it's taking care of your family. As for packing heat, some of us do that all day anyway based on principle. Being alive beats being a victim every time.

I've been following this thread via cellphone and was planning on responding something like this. Well said. I'd bet that rexbanner doesnt have a family or had 1 too many beers when posting.

Kudos

 

[buenaventura]

Other than to say that I am truly sorry that this is happening to you, and that I can sympathize because the same thing happened to my dad, I'm not touching this post with a ten foot pole.

I hope this gets resolved peacefully.

 

[Nova5]

I would def drive to her house, place a paint can with some chunks of dry ice in it on the doorstep and ring the bell. Right after she opens the door and gets covered in some horrible color paint I would resume the conversation where you left off.

Edit: Is it worth trying to report her to the dept. of commerce for your state or the BBB? If you were able to find out all that info with just the internet then she obviously isn't running a decent business.

BBB will only be able to do something IF the company is a member. if their not its less than an empty threat.

 

[ChshreCat]

Well, the other repo company (the reputable one) was PISSED to find out what this woman did and they're going after her. They found out who the lender was that hired her and they're going to them with all the details about what she's doing in their name, how many laws (state and federal) she violated.

 

[Airborneguy]

Don't take this the wrong way, but I still can't figure out how you didn't get out of the bathroom in time after hearing that going on at your front door. Honest to god (and I've been in plenty of hairy situations before), I would have been there with a gun in my hand and half a log hanging out of my a*s if I thought there was some sort of danger to my wife and/or child. She definitely would have been laid out prone on my front walkway when my brothers in blue showed up a few minutes later.

 

[HokieBrewer]

That's awesome. :rockin:

 

[ChshreCat]

Don't take this the wrong way, but I still can't figure out how you didn't get out of the bathroom in time after hearing that going on at your front door. Honest to god (and I've been in plenty of hairy situations before), I would have been there with a gun in my hand and half a log hanging out of my a*s if I thought there was some sort of danger to my wife and/or child. She definitely would have been laid out prone on my front walkway when my brothers in blue showed up a few minutes later.

LOL

Honestly, from the first sound of a raised voice to when I got out there was about 10-20 seconds. It all happened really fast.

 

[pernox]

Good to hear you've got a badass on your side. You know now that if she sets foot back on your property, she is doing so with no good intent, and can react appropriately.

 

[ChshreCat]

Haven't seen hide nor hair from the repo b**ch. I think SWMBO's mamabear act might have scared her off. We were able to get a copy of her business license from the other repo man and sent her a cease and desist letter, certified mail, just to make things clear she's not welcome back here.

 

[OHIOSTEVE]

Good to see so many willing to take responsibility for their safety and the safety of their families. colt 1911 cocked and locked here. Cheshre sorry to hear you had this happen. had a large group of men here one night. Ran em off once. second time they pounded on my back door at 3 AM... I answered with a hand full of COLT. 15 guys surrounding my house looking for my son after he beat one of em up for slapping a girl around. Shoulda seen the face of the one in front when he was looking down that barrel. I still get a chuckle out of it whenever I think about it !

 

[brewingkitty]

i had some ******** looking for the guy that built my house.. i promptly chamber a 3" 1 1/8oz slug and he got the hint.

 

[rexbanner]

Good to hear you've got a badass on your side. You know now that if she sets foot back on your property, she is doing so with no good intent, and can react appropriately.

So you can shoot her? You all are nuts.

 

[SwampassJ]

So you can shoot her? You all are nuts.

Says the person who claims to have been mugged and stalked but thinks its ok.

 

[triethylborane]

Every state with a castle doctrine or make my day law requires more than mere bad intent, and it usually is not phrased "bad intent," on part of the criminal in defense of dwelling, and usually, in defense of self. It also requires the victim, in many instances, to retreat.

You know now that if she sets foot back on your property, she is doing so with no good intent, and can react appropriately.

i promptly chamber a 3" 1 1/8oz slug and he got the hint.

If you mean "react appropriately" in terms of what every other person here is parroting "lock n loaded," get real. Even if this were the wild west, you would be charged with common law purposeful/malicious murder, duly tried, convicted and sentenced to death by hanging. Deadly force is for real threats, not a harassing repo hag. If she is worth your lifetime in prison, well . . . . thinking responsibly, she is not . . .

 

[ChshreCat]

I'm armed in case she becomes a direct threat to my family. While she made threats last time, she didn't go so far as expanding on it or acting on them. I know well what I'd be justified to do and when. First step if she shows up is to reach for my cell, not my gun.

That said, she's already demonstrated that she isn't going to follow the law in doing her job and is more than willing to use threats and intimidation to get her way so I feel I should expect anything from her and be prepared for whatever she may do.

 

[pernox]

So you can shoot her? You all are nuts.

Nobody's getting shot unless they become a direct threat. Not being prepared for such a situation would be "nuts."

If you mean "react appropriately" in terms of what every other person here is parroting "lock n loaded," get real. Even if this were the wild west, you would be charged with common law purposeful/malicious murder, duly tried, convicted and sentenced to death by hanging. Deadly force is for real threats, not a harassing repo hag. If she is worth your lifetime in prison, well . . . . thinking responsibly, she is not . . .

Reacting appropriately depends on the threat level. If she comes back with any sort of physical confrontation, forces her way into the house, or brandishes a weapon, she's leaving feet first. Putting a person's family in imminent danger has to be dealt with immediately.

If she comes back spouting a bunch of BS, I think a door in the face, a video, and the phone is an obvious solution.

As far as what you'd be "charged with" you would need to be in a state with an Attorney General that will try to fabricate charges when a person defends himself, or has an existing BS legal precedent/law for charging a person acting in self defense. Nobody's implying that popping everybody who walks onto your property is a good plan - the obvious (though perhaps understated) condition here for making a stain out of the bitch is that she present a direct physical threat. If she comes back, there's an excellent chance, considering her previous interactions with the OP's wife, that she DOES intend to become a physical threat. Not being prepared for this would be a terrible and perhaps fatal error for the OP.

ETA: I think the moral of the story here is that nobody really expects her to come back with a machete and go all medieval on the dude. BUT - being ready for such is the responsible thing to do. People go crazy all the time - if it's her day to draw that ticket and she's knocking on MY front door, I just want to make sure I'm ready. Is it going to happen? Not bloody likely. But if it does, why not be prepared to handle it as needed?

ETA #2: 36 of 50 states carry no "Duty to retreat" clause in practice. Thirty-one of those have established Castle Doctrine Law, and several beyond the 36 are swaying toward the logical side of the spectrum. This was just something I wanted to look up, so I figured I'd throw it in since I did. =)

 

[triethylborane]

Nobody's getting shot unless they become a direct threat. Not being prepared for such a situation would be "nuts."

ETA #2: 36 of 50 states carry no "Duty to retreat" clause in practice. Thirty-one of those have established Castle Doctrine Law, and several beyond the 36 are swaying toward the logical side of the spectrum. This was just something I wanted to look up, so I figured I'd throw it in since I did. =)

I am in total agreement with you; I think acting appropriately in accordance with the circumstances in many cases justifies deadly force. So does the case law in many jurisdictions. However, some states and many judges are into judicial activism, and by activism, I mean socialist/liberal holdings that would not be favorable for deadly force even in defense of others (family).

I just wanted to put it out there that your actions in your state will be interpreted with state case law that may or may not be dispositive for castle doctrine and duty to retreat. 36 states have no duty to retreat, but that means 14 probably do have some duty to retreat.

As far as what you'd be "charged with" you would need to be in a state with an Attorney General that will try to fabricate charges when a person defends himself, or has an existing BS legal precedent/law for charging a person acting in self defense.

I will only point out that the AG in most states has no real interest in charging you with anything, primarily because that has been delegated to municipalities via home rule statutes or similar authority. So most of the time, and 99% of the time, you are being charged by a county or municipal prosecutor aka "district attorney." While the AG has the sole authority to render opinions on how state law would be interpreted, the AG does not have the authority to invade the decisions of a duly elected/appointed and sworn prosecutor. They will decide what to charge you with and if they will charge you.

AG's have much different roles these days, with interstate compacts, sovereign issues with native americans, fighting the feds, fighting asian carp, etc. The last AG opinion I read was by Jennifer Granholm, now lame duck gov of Michigan, regarding the possession of a handgun while hunting, opining that it had to be non-concealed if no license was held by the person to do so.

As for it being BS . . . I do not agree. There exists truth in most convictions and the case law of the state needs careful and slow interpretation to avoid a miscarriage of law. We are seeing absurd regulations on the people's rights to bear arms being eroded, but baby steps are appropriate.

 

[ericd]

Just don't answer the door next time she comes. She'll get super pissed probably but she can't do anything.

She's just a bully. Just ignore her.