Page 68 - CARS Standard Program

Recovery Agent may find himself charged with harassment if, in an attempt to persuade the debtor to give up the subject collateral, he:
1. makes insulting or taunting telephone calls to the debtor; or,
2. makes repeated communications anonymously or at extremely inconvenient
hours, or in offensively coarse language
Kidnapping
Imagine you are following a vehicle that you have been assigned to repossess. This is a “skip” assignment you have spotted for the first time and you are determined not to let it get away. The vehicle stops at the door of a real estate office. The vehicle’s only visible occupant, a female driver, exits and goes inside. Your tow truck is equipped with a “quick hook” lift and you immediately back up to the vehicle, “quick hook” it and make a hasty exit from the property.
As you enter the public street you glance into your rearview mirror to see if you have been spotted. Your heart jumps into your throat when you see a small child looking at you from the front seat of the repossessed vehicle. You are now a half-mile from the point of repossession and you are suddenly thinking, “This is just not my day.”
Kidnapping? Why or ...why not?
The generally held legal definition of “kidnapping” is forcibly, secretly or by threat confining, abducting or imprisoning another person against his will and without lawful authority, with intent to:
1. Hold for ransom or reward or as a shield or hostage
2. Commit or facilitate the commission of any felony
3. Inflict bodily harm upon or terrorize the victim or another person
4. Interfere with the performance of any governmental or political function
In the above scenario, the elements of kidnapping were not present. However, I can assure you it was a very sobering moment. The Recovery Agent was completely subject to the decision of the police officer, while listening to the mother scream, “He kidnapped my baby!” Through the perceptiveness of the police officer and the ability of the Recovery Agent to calmly explain the situation, the officer refused to even consider a Breach of the Peace and allowed the repossession to stand.
In many instances, however, the Recovery Agent may not be so fortunate. Erroneous or frivolous charges may result from legitimate repossessions. Even though charges may be dismissed later for having no basis, the process is usually long and expensive. The best protection for the Recovery Agent is knowledge of the applicable laws in your state and the case law regarding them, as well as the ability to properly and professionally communicate with law enforcement.