Page 126 - CARS Standard Program

With proper knowledge and communication skills, an Recovery Agent may well change a debtor’s attitude by tactfully and professionally advising the debtor of the consequences of refusing to turn over the collateral, such as a replevin action by law enforcement, and additional expenses the debtor will be assessed for legal action. Offer to explain this procedure and what it will mean in terms of a law enforcement officer appearing at the debtor’s door, in the presence of his neighbors or at his place of employment, and how much more seriously it will affect his credit standing. The various approaches that can be used successfully in personal contacts with a debtor are the result of knowledge, experience and communication skills.
Communication with Law Enforcement
Immediately upon repossession of collateral, and when the Recovery Agent is safely away from the point of repossession, local law enforcement should be contacted.
When confronted by a law enforcement officer in the field, it is wise to remember that this officer has the power to make decisions you might not agree with, decisions that might even be wrong, or decisions influenced by the officer’s friends or relatives who may have had their collateral repossessed. However, this officer still represents the law and as such, should be responded to with a friendly, cooperative and professional attitude.
When confronted by a police officer, you should immediately advise the officer that the collateral you have in your possession has been repossessed legally and you should provide the officer with applicable documentation. If the officer is unfamiliar with the self-help repossession process and orders you to release the collateral, you should request the officer call a supervisor to the scene, still with a professional attitude and in an effort to keep the situation amicable.
If there are specific state statutes where you operate you should always have a copy of those statutes in your possession in order to assist an officer or supervisor who may not be familiar with self-help repossession. Most police training facilities do not include information on the repossession process, and as a result, many police officers are unfamiliar with what constitutes a legal self-help repossession.
In isolated instances where a Recovery Agent has repossessed the collateral and no violations occurred, yet the police officer persists in ordering the Recovery Agent to release the collateral or face arrest, the Recovery Agent is left with a difficult decision.
If he releases his client’s collateral there is the possibility that the debtor will then hide the collateral or “skip,” possibly costing the collateral recovery agency a client. If the repossession occurs during regular business hours, the Recovery Agent should request the right to contact the creditor by telephone before making any decision to release the collateral.