Wells fargo hired a repo company to get my truck can they enter onto my property if asked to leave also can they speak to my neighbors what legal rights do i have
by 
themule
ANSWERS: 8
-
If it's on our property in plain sight, they can repossess it so long as there is no breach of peace. It's different if the vehicle is kept in a garage. In Missouri it would be illegal for them to search your house/garage.
-
Yes, they also harass neighbors. Companies are now looking to see if they have someone living ON YOUR STREET that is also a customer, and they have started harassing those people, asking them to go next door or down the street and tell them to pay their bill. I know because they called me about my neighbor. They wouldn't stop harassing me, so I called and told them they would never get another penny of MY business if I got one more call about a neighbor. They DID stop. But I have a friend who says they won't quit calling him about his neighbor.
-
The right to repo something is a matter of contract law. When you purchased the vehicle you most likely signed an agreement that permitted Wells Fargo to enter your property and to repo the vehicle. If you did not sign such an agreement then Wells Fargo is liable for trespass. However, if Wells Fargo (or their agent) trespasses on your property, all you are entitled to is actual damages flowing from the trespass. If they are taking a vehicle that they have a right to repo, then you probably won't have any damages. You still have a right to sue, but the best you could hope for is nominal damages of $1. Also, they can talk to your neighbors. They can stake out your house. They can do anything that does not violate your rights. But remember, you most likely consented to certain things when you got the loan. Thus, some acts (like trespassing) would be a violation of rights if done to me, but may not be to you due to the contractual consent.
-
A 'repo' company has the right to enter your property to retrieve their goods; it is not considered trespassing. (By the way, in order for almost any trespassing case to be applicable, you must have a no trespassing sign posted. And no, you can't go back and post it after the fact.) They, as well as the bank, can speak to whomever they need to to gather information. Once you stop making payments you are guilty of breach of contract; your "rights" at that point, with regards to the vehicle and anything related to it, are minimal. Give up the truck - it's not yours anymore. sorry EDIT: BTW, I have worked for law firms and am a paralegal, so whoever gave the negative rating is incorrect. You may not like what I said, but with regards to ANY repossession, it's the truth. Once it goes to repo, it is not yours. period.
-
if the registered owner or anyone living at the residence tells a repo company to not come back on their property, they cannot come back. the legal company do have the right to call neighbors because there info(phonenumber and name) are public record. it is illegal for them to discuss your loan or why they are calling. the only thing they can really confirm with neighbors is if the registered owner of the vehicle still lives in that residence.
-
Hopefully you have no rights. You purchased an item on loan, which means you don't own it. If you stop making payments you are a common thief, or are too ignorant to balance your own checkbook. Either way I think they deserve one of your hands and your truck, however they have to get it.
-
Yea, they can take it and you have no control of it. If you "hide" (for the lack of a better word) you truck in your garage they (the repo company) can call the local police and make you turn it over. I know it sucks and i am sorry you have to deal with it. and crazykentuckyguy.....do you really need to kick someone when they are down? I mean com'on....have a heart dude. Didnt your mom ever tell you if you cant say something nice don't say anything at all.
-
it is a civil matter not a criminal matter they cannot take the car if its in your garage or you setting in it and for who ever said that if they call the police you have to give it up is bull crap they have to have a court order to do that why because its a civil matter most of the damn time if you hide it long enough they quit looking and charge off the debt banks are not in the car selling business they just want there money not the car they'll try for awhile then give up and use it as a tax right off ive never seen anybody go to court over a auto loan banks have bigger and better crap to deal with
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC