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Recovering Collateral from Military Installations
Prior to repossession from any military personnel the Recovery Agent should be
familiar with the Servicemembers Civil Relief Act (SCRA) in order to ensure the
repossession complies with the Act. SCRA commentary can be found in Applicable
Federal Law; Section 1.
Procedures for recovering collateral from military installations are varied, with the
appropriate final authority usually resting with the base’s officer of the day, or
commanding officer. Following is a suggested procedure:
A. Recovery Agent proceeds to military installation and contacts security. When
contacting security, the Recovery Agent must properly identify himself and show
his identification card.
B. The security officer will either inform the Recovery Agent of the required procedure
or possibly escort the Recovery Agent to base headquarters where the appropriate
authority will explain proper procedure.
C. On occasion, it will be required that a military police officer accompany the
Recovery Agent. In such cases, it is usually required that the Recovery Agent
inform the debtor in writing that the military police officer is there only to ensure
that no security regulations for the military installation are violated. A generic
form for such notification is located in the Forms Section of this manual. If the
Recovery Agent is located near a military installation and regularly recovers
collateral from there, he should obtain a copy of any written procedures the
installation may have regarding this process.
Recovering Collateral from Indian Reservations
Procedures for repossessing collateral from Indian Reservations may vary for each
reservation and these procedures should be followed whether it is an involuntary or
voluntary repossession. It cannot be overemphasized that failure to adhere to those
specific procedures can be very costly. On Indian Reservations penalties are
determined not be state or federal law but by tribal authority and can result in the
Recovery Agent being arrested and having the tow truck confiscated.
Suggested procedures for handling such repossessions include:
A. Recovery Agent proceeds to the Reservation, identifies himself by name and
identification card, and requests to speak with the tribal authority.
B. Upon meeting with the proper authority (usually the tribal chief), the Recovery
Agent should again identify himself by name and ID card.
C. Recovery Agent produces assignment documentation requested and asks
permission to take possession of the collateral.