Page 94 - Microsoft Word - NEW 2017 Standard Program.docx

instructions could subject the Recovery Agent to arrest and damage any future
working relationship with local law enforcement.
5. If the collateral is on public property the police officer should, without question,
advise the debtor that since the collateral is on public property and the Recovery
Agent has possession, custody and control, the recovery is complete and the
Recovery Agent has the legal right to maintain custody. Most courts recognize the
authority of the police officer in such situations.

6. In any event, the Recovery Agent should request the police officer’s name and
badge number and a case or incident report number. This information should be
included in the Recovery Agent’s incident report.

Note: In the above scenario, some creditors require the Recovery Agent to
discontinue the repossession and release the collateral back to the debtor. The
Recovery Agency owner should make sure of the creditor’s policy in such situations
and make sure the Recovery Agent understands such policies.

Scenario 3 Locked Areas

The Recovery Agent has discovered that the debtor is locking the collateral in his garage
or inside his fenced yard with a locked gate. The Recovery Agent is prohibited from
entering ANY locked area in an attempt to secure possession of collateral. To violate
a person’s privacy in such a manner may very well result in serious criminal charges
and/or civil litigation.

Scenario 4 Disabling Collateral

Note: Before disabling any collateral the Recovery Agency owner should obtain
written permission from the creditor.
The Recovery Agent has located the collateral hidden in an alleyway behind the debtor’s
residence but does not have keys to take possession of the collateral and is unable to
position his tow truck to take possession. On infrequent occasions the Recovery Agent
may find it necessary to disable the collateral. Prior to disabling collateral, the Recovery
Agency owner should determine from local law enforcement and/or states attorney’s
office the types of disablement procedures allowed and obtain written authority
from the creditor. In areas where disablement is lawfully permitted, approved methods
may include:

1. The Club – Steering Wheel Lock
2. Wheel Disabler (i.e. Tire Boot or Alpha Lock)
3. Disconnecting Drive Shaft.

In the event of disablement, this procedure must be done in a non-destructive manner.
In addition, notice must be given to the debtor either verbally by the Recovery
Agent or by written notice prominently displayed on the collateral. The notice shall
describe the method of disablement and the legal authority permitting such
disablement. If the Recovery Agent damages the collateral during the course of
disablement the Recovery Agent shall be responsible for those damages.