Page 98 - Microsoft Word - NEW 2017 Standard Program.docx

vehicle, you become responsible for any damages or claims of damages to the vehicle
being moved. The most common allegations by the owner of the moved vehicle are
damages to the vehicle’s transmission, frame, body or tires. Even with approval of the
creditor or recovery agency owner, the Recovery Agent should have a witness and take
photos or video of the vehicle prior to and after it has been moved.

Debtor Excuses and Suggested Responses

Debtor claims he no longer has the collateral:

Response: Who has the collateral? How long have they had it? Why do they have
it? Where is it located (residence address, impound yard, collision shop, etc.)? If
collateral was impounded was the impound performed by private towing company,
city or state police, parking authority, Drug Enforcement Agency (DEA), traffic
court?

It is important that the Recovery Agent obtain the phone number where collateral is
located and attempt to contact that location by phone in the debtor’s presence.

Note: If the debtor is evasive and does not provide accurate information as to the location
of the collateral the Recovery Agent should be aware of the possibility that the debtor
may be involved in a “straw purchase.” A straw purchase is defined as one in which
the purchaser, under the guise of personal use, knowingly, purposely and
intentionally purchases collateral for another person who cannot qualify for the
purchase. If the Recovery Agent suspects a straw purchase, he should immediately notify
office staff so that the client is made aware.

Debtor claims he has filed bankruptcy

Response: The Recovery Agent should follow the procedure previously outlined
under Bankruptcy.

Debtor claims collateral was stolen

Response: On what date was collateral stolen? When and to which law
enforcement agency was report made? What is the case number? Location where
collateral was stolen? The law enforcement agency that took the report should be
contacted in the debtor’s presence and a copy of the report should be obtained and
made available to the lien holder.

If the stolen collateral was recovered, it may be being held as trial evidence. In that event,
the Recovery Agent should complete a detailed condition report and photographs along
with any information as to when the collateral may be released and provide this
information to the lien holder.