Page 93 - Microsoft Word - NEW 2017 Standard Program.docx

Scenario 2

The Recovery Agent has hooked the collateral to his tow truck and is pulling out of the
debtor’s driveway when the debtor runs out of the residence and jumps into the collateral
or on the back of the tow truck.

The Recovery Agent must immediately stop, exit from the tow truck and again
follow Example #2 above. If the Recovery Agent does not stop, serious injury or
death could result with devastating consequences to all parties involved. If the debtor
refuses to exit the collateral or tow truck and allow the collateral to be taken, the
Recovery Agent should contact local law enforcement and request they send an
officer to the scene.

Note: THE POLICE ARE NOT CALLED TO ASSIST THE Recovery Agent IN
SECURING POSSESSION OF THE COLLATERAL. The reason for requesting a
police officer come to the scene in this situation is to ensure the Recovery Agent has
an expert witness (the police officer) in the event the debtor later decides to claim he
suffered bodily injuries in his attempt to stop the recovery or that his rights were
violated. Upon the police officer’s arrival at the scene the Recovery Agent should use the
following procedure to explain his reason for requesting assistance.

1. Identify himself by name and ID card.

2. Advise the police officer that he IS NOT requesting assistance in recovering
the collateral.
3. Further advise that in such situations he is required by his employer to notify law
enforcement and file a company incident report. In a very professional manner
explain to the officer that, according to his understanding of the law governing the
self-help repossession process that once the Recovery Agent has care, custody
and control of the defaulted property the repossession is complete and the
collateral should remain in the custody of the Recovery Agent. If the police
officer has not assisted in the repossession in any way and agrees that the
repossession is complete there should be no grounds for a “Color of Law”
violation. However, if the debtor persists and still refuses to turn over the
collateral, the police officer may not order the debtor to comply. This places
the police officer in a position that he/she must make a determination as to
whether the debtor is breaching the peace. This is a most difficult situation
for all parties involved and the Recovery Agent must make a decision as to
whether to go forward with the repossession.
Note: The Recovery Agent should not request that the police officer check the
debtor for injuries. Such suggestion might encourage the debtor to file such an
accusation.
4. If the police officer so directs, the Recovery Agent must either release the collateral
or, very professionally, request to speak with the police shift commander. Here
again, communication skills are critical to a successful recovery and the future
good will of local law enforcement. Refusing to obey the police officer’s