Repo agent showing up at work

[lovebirds]

A repo agent came to my work a few weeks ago. He told the receptionist that he was with All-State. He was very loud and mentioned that I was going to get sued.

He called me on my office phone today and told me to call back unless I want another visit from him. I have my husband do all the phone calls but they insist on calling me.

We are trying to keep a hold of the (wrecked) car until we are ready to file Chapter 7 bankruptcy in March. It is currently parked in my locked garage.

Will a cease and desist letter work?

[HHM]

Forgive the obvious questions, but if it is wrecked, and simply parked, why are you trying to hold on to it until March. Once you file BK, what is your plan. Unless you are current on payments or plan to redeem (which you won't be able to because of its condition, at least not through the normal lending sources), what is the point?

The repo activity will get worse, if the agent is already coming to your work, the odds of making it too march without things getting really rough is fairly slim.

You can try a C&D letter, but I am not sure it will work

[lovebirds]

We are holding onto it to push back the timeline for being sued for the deficiency. I thought I read that advice on this bankruptcy board. Is this inacurrate?

Also, there is a personal injury lawsuit but I doubt we'll get damages for the vehicle. My husband (before we were married) let his auto insurance lapse and the Louisiana law says we lose the first $10,000 of our property damage claim. The adjuster said the damage was only $6,000 (although I think this is inaccurate) so we get nothing.

[HHM]

If they are already looking for it, you won't make it too march without the repo or the bank doing something more drastic. Writ of replevin and involve the county sheriff.

The bankruptcy would take care of any deficiency lawsuit. Maybe hold out until January, then simply let the car go. It is unlikely they could get a judgment that quickly if you know how to respond to a lawsuit.

[justbroke]

We are holding onto it to push back the timeline for being sued for the deficiency. I thought I read that advice on this bankruptcy board. Is this inacurrate?

If you're going to be filing, why are you worried about this? You don't immediately get sued for a deficiency... they first bill you. They still have to sell the car at auction (probably January), then bill you (sometime after that). Then file a lawsuit to recover the deficiency.

Holding on to it to avoid a lawsuit, is just going to make them go file a lawsuit (Order of Replevin) through the court to force you to return it. Seems self-defeating. (As HHM wrote, maybe doing this until January will work... who knows.)

I (personally) don't see any issues.

Also, there is a personal injury lawsuit but I doubt we'll get damages for the vehicle. My husband (before we were married) let his auto insurance lapse and the Louisiana law says we lose the first $10,000 of our property damage claim. The adjuster said the damage was only $6,000 (although I think this is inaccurate) so we get nothing.

If they are damages to a car that has a lienholder, and the lienholder is loss/payee... then it wouldn't matter anyhow.

[lovebirds]

Thanks all! I'm going to go ahead and retain my lawyer this week. I'll try to get rid of this Nissan as soon as possible.

What sucks is (before the accident) it was worth way more than we owed due to 2%interest and 3 year financing.

[lovebirds]

I finally retained my lawyer.

He told my husband to tell the repo agent that we have retained an attorney and that we are not surrendering the car.

He advised us not to let it get repossessed as long as possible.

[justbroke]

I finally retained my lawyer.

Excellent!

He told my husband to tell the repo agent that we have retained an attorney and that we are not surrendering the car.

This may not stop them, but is a tactic. Some of them don't care that you "retained" counsel. Others don't even care if you filed. (Long story, but a few have reported problems with repo men after filing.)

He advised us not to let it get repossessed as long as possible.

If the creditor files a Writ of Replevin before you file your bankruptcy case... good luck.

It is a strategy though... and at least you have retained a lawyer so this means you're serious.

[lovebirds]

With the Writ of Replevin, would I have time between getting served to set up an appointment with the repo agent to pick up the car? Or do they serve me with the repo agent and sheriff in tow?

I'm just trying to avoid getting fired at work. The receptionist has been complaining.

[justbroke]

With the Writ of Replevin, would I have time between getting served to set up an appointment with the repo agent to pick up the car? Or do they serve me with the repo agent and sheriff in tow?

I think you'll have time even before the Writ is issued.

[lookingforward]

I'm in Louisiana too. My SUV was repoed in Jan, we didn't file until June. No lawsuit from the bank, all we got was some very legal sounding letters.

If it's a choice between losing your job and letting the car go, let it go!
Tell the lender you've retained an atty and are filing and they won't waste
the legal time or energy.

Ours was auctioned off for I think it was 8000.00 and we owed well over 20000.00.

Oh, and in Evangeline Parish, the sheriff showed up at my house with the repo papers and said he was taking it right then. It was not at my house,, was locked up in my husband's work warehouse. He followed us there and called a tow truck. He was not leaving without that vehicle. There was no other warning ahead of time.

[lovebirds]

Thanks lookingforward. My husband actually made an appointment for the repo guy to come over and look at the car. He said he only wanted to take pictures to send back to Nissan. They were going to pick it up if it wasn't wrecked. Anyways...he made the appointment and the repo guy didn't show up.

[dscurlock]

Thanks lookingforward. My husband actually made an appointment for the repo guy to come over and look at the car. He said he only wanted to take pictures to send back to Nissan. They were going to pick it up if it wasn't wrecked. Anyways...he made the appointment and the repo guy didn't show up.

If the car is wrecked, and not driveable..

why not just give it up?

Is there something for you to gain to hold
onto a wrecked, and or undriveable car?

If anyone showed up at my work, they would be
escorted back out by secuirty...

Will a cease and desist letter work?

he is the repo man, he will repo the car if he
can legally get to it.

[lovebirds]

If the car is wrecked, and not driveable..

why not just give it up?

Is there something for you to gain to hold
onto a wrecked, and or undriveable car?

If anyone showed up at my work, they would be
escorted back out by secuirty...

Will a cease and desist letter work?

he is the repo man, he will repo the car if he
can legally get to it.

We were advised to not give it up by our lawyer to delay being sued for deficiency. If my wages start to get garnished, I will default on our mortgage or not be able to eat.

[walkthaplank]

What happens if you lose your job because they keep harassing you in the workplace?

You are months away from them being able to get a deficiency judgment and only a couple of months away from filing. It might be better to be done with the repo man and be on with your life. Just my 2 cents anyway.