Page 89 - CARS Standard Program

The most desirable method to affect an involuntary repossession is without debtor contact. Repossession without debtor contact or detection usually removes much of the inherent risk factors associated with the self-help repossession process. Managing the risks associated with the self-help repossession process is critical in eliminating or minimizing potential liability for the Recovery Agent, R ecovery Agency owner, the creditor and the insurance carrier. Knowledge and understanding of the laws that affect this process and the ability to effectively communicate are primary keys to success for the Recovery Agent.
When working a high drug activity area, the Recovery Agent must take several extra precautions because of the heightened risks associated with these areas. Drug addicts usually will hang out at their favorite “watering hole” until it closes, then return to their residence where they get serious with their drug(s) of choice until about 3 am when they tend to “crash”. We offer the following suggestions for working in these high drug activity or other high-risk areas.
First, always check these areas by car. A tow truck will arouse suspicion from anyone who has not yet “crashed” and they will alert their friends. If possible, also have a trained and certified helper. Two sets of eyes are far better than one.
This is not the time to take your neighbors teenage son with you. It is critical that a helper be trained and certified in order to maintain the maximum level of risk management possible. Remember, you are morally and legally responsible for the safety of anyone that accompanies you at any time you are in the field.
As you enter and drive through the area, which is usually an apartment complex remember to drive at what would be a normal rate of speed for that area. Slow- moving vehicles tend to arouse suspicion.
While you are looking for your collateral, always, always, identify all entrances and exits. You never want to come back, hook up to your collateral, have to make a hasty exit and drive into a dead end-street.
More and more, recovery agents are being threatened by debtor’s while also refusing to surrender the defaulted collateral. Many of these threats are with a gun or other weapon visible and some are with the debtor making verbal threats that they will use a weapon against the recovery agent. It is critical when such threats occur that the recovery agent immediately retreat and also immediately report these incidents to law enforcement and to the creditor and provide the creditor with a copy of the police report as soon as the report is available. In the report to law enforcement the recovery agent should provide complete details, including identification of the individual who made the threats.