Page 92 - CARS Standard Program

Scenario 2
The Recovery Agent has hooked the collateral to his tow truck and is pulling out of the debtor’s driveway when the debtor runs out of the residence and jumps into the collateral or on the back of the tow truck.
The Recovery Agent must immediately stop, exit from the tow truck and again follow Example #2 above. If the Recovery Agent does not stop, serious injury or death could result with devastating consequences to all parties involved. If the debtor refuses to exit the collateral or tow truck and allow the collateral to be taken, the Recovery Agent should contact local law enforcement and request they send an officer to the scene.
Note: THE POLICE ARE NOT CALLED TO ASSIST THE Recovery Agent IN SECURING POSSESSION OF THE COLLATERAL. The reason for requesting a police officer come to the scene in this situation is to ensure the Recovery Agent has an expert witness (the police officer) in the event the debtor later decides to claim he suffered bodily injuries in his attempt to stop the recovery or that his rights were violated. Upon the police officer’s arrival at the scene the Recovery Agent should use the following procedure to explain his reason for requesting assistance.
1. Identify himself by name and ID card.
2. Advise the police officer that he IS NOT requesting assistance in recovering
the collateral.
3. Further advise that in such situations he is required by his employer to notify law enforcement and file a company incident report. In a very professional manner explain to the officer that, according to his understanding of the law governing the self-help repossession process that once the Recovery Agent has care, custody and control of the defaulted property the repossession is complete and the collateral should remain in the custody of the Recovery Agent. If the police officer has not assisted in the repossession in any way and agrees that the repossession is complete there should be no grounds for a “Color of Law” violation. However, if the debtor persists and still refuses to turn over the collateral, the police officer may not order the debtor to comply. This places the police officer in a position that he/she must make a determination as to whether the debtor is breaching the peace. This is a most difficult situation for all parties involved and the Recovery Agent must make a decision as to whether to go forward with the repossession.
Note: The Recovery Agent should not request that the police officer check the debtor for injuries. Such suggestion might encourage the debtor to file such an accusation.
4. If the police officer so directs, the Recovery Agent must either release the collateral or, very professionally, request to speak with the police shift commander. Here again, communication skills are critical to a successful recovery and the future good will of local law enforcement. Refusing to obey the police officer’s