Ohio Car Repossession

[fairisfair]

First, "dispose" generally means "liquidate" in legaleze (not "destroy").

Second, according to 610 (which 609 references)...

(B) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, at any time and place, and on any terms.

Last, I can't imagine that a court would state that selling a vehicle for "one-tenth of the purchase price established nine months earlier is commercially unreasonable," and yet find that destroying the vehicle is a-okay. (See Peoples Acceptance Corp. v. Van Epps, 395 N.E.2d 912, 60 Ohio App.2d 100 (Ohio App. 8 Dist., 1978, and about 5000 other cases in which price and the like was the issue).

However, in this case the law says that they "may render the equipment unusable and dispose on the debtors property" that does seem to say destroy it and leave it there. Of course, we can always hope that the court would be reasonable and find that the destruction of the property would indeed be absurd.

 

[TigerD]

However, in this case the law says that they "may render the equipment unusable and dispose on the debtors property" that does seem to say destroy it and leave it there. Of course, we can always hope that the court would be reasonable and find that the destruction of the property would indeed be absurd.

True -- is it going to happen? Probably not. But if the OP keeps playing games with the repo company -- it could.

There is also the matter that nobody has addressed -- Does Ohio have a law against hindering repossession?

DC

 

[Zigner]

However, in this case the law says that they "may render the equipment unusable and dispose on the debtors property" that does seem to say destroy it and leave it there. Of course, we can always hope that the court would be reasonable and find that the destruction of the property would indeed be absurd.

Anyone ever heard of "The Boot"?

 

[fairisfair]

Anyone ever heard of "The Boot"?

Yes, indeed that would fit all of the parameters of the law as written. And certainly doesn't include blowing the frigging thing up. LOL

 

[smblkc]

True -- is it going to happen? Probably not. But if the OP keeps playing games with the repo company -- it could.

There is also the matter that nobody has addressed -- Does Ohio have a law against hindering repossession?

DC

Yes, Ohio does have a law regarding hindering repossession. But it also states: "(C) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place that is designated by the secured party and that is reasonably convenient to both parties."

They have yet to do this. Wells Fargo is just saying "Pay Me" and the repo guy won't give me any information about contacting him. He only states that he wants to speak to her personally.

This brings to mind the question: Is going about your daily business "hindering"? Beside the fact, this really is a moot point considering what the original question is all about: is there any recourse or remedy that can possibly help save the car?

 

[TigerD]

is there any recourse or remedy that can possibly help save the car?

Pay it off

 

[ForFun]

However, in this case the law says that they "may render the equipment unusable and dispose on the debtors property" that does seem to say destroy it and leave it there. Of course, we can always hope that the court would be reasonable and find that the destruction of the property would indeed be absurd.

It would only seem to say that to those unfamiliar with Article 9 of the UCC. You certainly won't find any case law supporting that position (not just in Ohio, but any state).

 

[ForFun]

is there any recourse or remedy that can possibly help save the car?

Redeem yourself as I already suggested. Simply pay the amount in arrears, plus costs, and that will allow you to keep your car.

 

[acmb05]

Hello???? It's a CAR loan.

and what emergency are you talking about?

Yea I know. Sorry but been sick and did not read it right. And by Emergency I meant him using the money to pay other bills.

 

[acmb05]

Yes, indeed that would fit all of the parameters of the law as written. And certainly doesn't include blowing the frigging thing up. LOL

Yea but think of how much fun that would be.

 

[fairisfair]

Yea but think of how much fun that would be.

Hope you are feeling better!!!!!

 

[RepoStories]

Ok I know this question was asked a year ago, but I am going to post an answer incase someone wants to know the facts.

First of all I am a repossession agent in the state of Ohio and have been for five years.

When we find a unit that we can't take we can disable the vehical and make it to where a person can not remove it from the property. We can not harm the vehical in any manner, anything we do to render the unit undrivable must be fixable without costing money to do so.

Additionally, a repo company wouldn't keep clients long if they destroyed the banks property, the bank wants to be able to sell the unit and make money on it when it is picked up.

Now then if a person refuses to give up a unit the client can get a court order to have the unit picked up. then the sherrif comes to your house and you give it up or go to jail for contempt of court. You will be charged for the legal fees involved in this action.

 

[Antigone*]

Ok I know this question was asked a year ago, but I am going to post an answer incase someone wants to know the facts.

First of all I am a repossession agent in the state of Ohio and have been for five years.

When we find a unit that we can't take we can disable the vehical and make it to where a person can not remove it from the property. We can not harm the vehical in any manner, anything we do to render the unit undrivable must be fixable without costing money to do so.

Additionally, a repo company wouldn't keep clients long if they destroyed the banks property, the bank wants to be able to sell the unit and make money on it when it is picked up.

Now then if a person refuses to give up a unit the client can get a court order to have the unit picked up. then the sherrif comes to your house and you give it up or go to jail for contempt of court. You will be charged for the legal fees involved in this action.

AAAAWWW come on RepoStories, say it isn't so. I so wanted to see Debt Collector have a good old time with Zigner's boot.

DC - your advice is damn straight - it's only offensive to those who are looking for excuses.

 

[TrueDebtCollect]

You should know that under Ohio law -- they don't have to take the car -- they can just destroy it and leave it on your property. Oh, yeah, and charge you full price.

My God, you can't be more incorrect.

Sorry to bring up an old thread, but I was searching for Ohio dispositions and came across this BS.

 

[Antigone*]

My God, you can't be more incorrect.

Sorry to bring up an old thread, but I was searching for Ohio dispositions and came across this BS.

Well Necroposter, set it straight then...let's see

Don't think you read further into the thread did ya???