Got attacked by a guy with a shovel at work

[HB416EX]

I repossess cars for a living and sometimes people get pissed off.Well the guy(6'2 280) comes out of his trailer(he lives in a trailer park)yelling and screaming that I'm not taking his car.I try to calm him down but he is getting madder then he grabs a shovel.We wrestle(standing) over the shovel I grab it in the middle of the handle and try to twist it out of his hands.I was stronger than him and when I twisted it the shovel hit him in the head(not on purpose).He starts bleeding and throwns a punch at me.I move,he misses I throw a right straight to his chin stun him good then get his back and choked him unconscience.

Well the police come and say they are going to arrest me for assault.They don't believe my story:confused: They basically thought that I attacked him.It makes no sense to me I was just doing my job HE grabbed the shovel and I defended myself.I did not get arrested but they say he had 6 months to file charges if he wants.What do you guys think will happpen?

[spent21]

as you well know, repossession is a huge grey area. you ARE stealing his property...
what will happen? that really depends on if the guy is a dick. he could realize that you were just doing your job and that his vehicle was getting reposessed one way or the other. then again, he might decide to 'stick it to the man' and go after whatever he can. after all, he IS in a financial bind, otherwise you wouldn't have been there in the first place.

.02

[HB416EX]

Originally posted by spent21
as you well know, repossession is a huge grey area. you ARE stealing his property...
what will happen? that really depends on if the guy is a dick. he could realize that you were just doing your job and that his vehicle was getting reposessed one way or the other. then again, he might decide to 'stick it to the man' and go after whatever he can. after all, he IS in a financial bind, otherwise you wouldn't have been there in the first place.

.02

Yeah i understand everyone has problems and am ALWAYS cool with everyone.I hope nothing comes of this because I have a family and don't need this.

I am not STEALING anything.It is the banks property until he pays for it.I hate when people say stealing I am just doing a job.

[idro]

He's right. Thats not his property until title in hand... If it were true repos would be illegal..

[deathman53]

You ever watch Repo-man on tlc??? Some of the people you see are absoleutly nuts, chasing the repo-men with bats, shovels, almost anything they can find. There is a reason why alot of repo-men, put the car/truck on the tow truck, move it out of the property first and then knock at the peoples door.

[red2004 TRX450R]

I dont know what the laws in your state about repossessing - you and the company you work for should have a legal team!!!!

But in PA you are only aloud to do a repossession if it can be done with out disturbing the peace. if he comes out yelling you can try to calm him down peacefully and explain it to him. if he is their and he don't want you to take his car and makes a seen you cant legally take it. you will have to try it again when he will not see you or when he don't make a seen.
UP to this point is what you tried to do.

When he got the shovel is when it gets tricky.
what you should do is try to get away and command him to stop. (step back and say sorry I will be leaving now) if you did that and he is still trying to attack you then its self defense.
But if he confronted you with a shovel and you just tried to disarm him you are in big trouble. self defense is only justified if other things don't work to protect your self ageist body harm or death.

the question is did you try to getaway if you could before you used self defense.

you state may different.
I would contact an attorney which you should already have with your line of work.

I would not talk about it on this site and i would delete this post. get an attorney!!!
this post can be used against you in a court of law!!!

[hawaiikfx400]

you did nothing wrong and were only defending yourself.you were atacked by a shovel and did what you had to do.i hope you hit that broke a$% good what a dck you shoulda smacked his a#$ with the shovel.dont worry self defense is not braking the law.oh ya your not stealing if the property doesnt belong to the person.sounds like bs dont worry bro your just doing your job rather people like it or not.

[HB416EX]

Originally posted by deathman53
You ever watch Repo-man on tlc??? Some of the people you see are absoleutly nuts, chasing the repo-men with bats, shovels, almost anything they can find. There is a reason why alot of repo-men, put the car/truck on the tow truck, move it out of the property first and then knock at the peoples door.

Yeah I have seen that show.Alot of those guys on that show seem like they have something to prove,they think they are badass and get off by taking someones stuff.Me,I just want to get paid it's nothing personal.

People do get crazy but not as often as you would think.I have had an uzi pulled on me been in a few fights.The worse was a 6'9 350 pound-not fat but RIPPED-black guy get crazy.He was trying to unhook his car taking swings at me grabbing things out of the back of my truck,I'll be honest I was scared.When the cops got there they were scared of him too.I make sure I am ready to get out of there if anything happens.

[HB416EX]

Originally posted by red2004 TRX450R
I dont know what the laws in your state about repossessing - you and the company you work for should have a legal team!!!!

But in PA you are only aloud to do a repossession if it can be done with out disturbing the peace. if he comes out yelling you can try to calm him down peacefully and explain it to him. if he is their and he don't want you to take his car and makes a seen you cant legally take it. you will have to try it again when he will not see you or when he don't make a seen.
UP to this point is what you tried to do.

When he got the shovel is when it gets tricky.
what you should do is try to get away and command him to stop. (step back and say sorry I will be leaving now) if you did that and he is still trying to attack you then its self defense.
But if he confronted you with a shovel and you just tried to disarm him you are in big trouble. self defense is only justified if other things don't work to protect your self ageist body harm or death.

the question is did you try to getaway if you could before you used self defense.

you state may different.
I would contact an attorney which you should already have with your line of work.

I would not talk about it on this site and i would delete this post. get an attorney!!!
this post can be used against you in a court of law!!!

I'm not worried about the long run because in court I think I would win.I just don't want to have to go to jail,get bailed out the go to trail.

In this situation we were 2 feet apart in a small area I was not going to let him swing that shovel as soon as he lifted it it was on.The company has lawyers and insurance for stuff like this but I do not.This is actually the first time in 7 years that anything like this has happened.CA is on the repossessors side but the same laws you stated are true here you cannot breach the peace.

[HB416EX]

Originally posted by hawaiikfx400
you did nothing wrong and were only defending yourself.you were atacked by a shovel and did what you had to do.i hope you hit that broke a$% good what a dck you shoulda smacked his a#$ with the shovel.dont worry self defense is not braking the law.oh ya your not stealing if the property doesnt belong to the person.sounds like bs dont worry bro your just doing your job rather people like it or not.


I choked him unconscience,it felt so good.He looked like a b1tch infront of all his neighbors.I think in the end it nothing will happen to me.

[dunnonuttin]

my moms boyfriend reposseses cars too. he keeps a 45 in his tow truck though. he reposseses some nice cars though sometime. he came back with a yz125 one night and i tried to get him into payin what was owed on it but about $2000 was owed on the bike and he didnt have it but it was decked out in parts and all. if he likes somethin that he repo's he'll pay whats owed if it isnt too much

[sammy5x]

I was a repo man in Boston many years ago. As long as you have the bank or lawfirm repo doc in hand then you have a right to "retain possession of the said vehicle" and to "defend one's self in the face of an attacker". It is your word against his, that is why you did not get arrested. Go back and torch his trailer down and make the tough guy wanna be pay. If you f*** with the bull you will get the horns, that's what I say.

[HB416EX]

Originally posted by skull2002
your going to jail


You're going to hell.

[CRich[814]]

idk. you could of like gotten away and not knocked him out like big daddy style. i think you'll be safe though because he did have a damn shovel.

[HB416EX]

Originally posted by CRich[814]
idk. you could of like gotten away and not knocked him out like big daddy style. i think you'll be safe though because he did have a damn shovel.

I wasn't taking any chances.He was bigger and madder than me and he had a shovel.I wasn't going to let him hit me in the back.I am a pretty good judge if someone is really mad or just trying to intimidate me,this guy was serious.

[CHAR250R]

You (repo man) are not stealing anything. If it was his car, he'd be paying for it. The bank owns it. The bank holds the title until the loan is paid in full. You gotta pay, or the bank takes it away. It's that simple.

[bulkdriverlp]

you should have got back in your truck and left, and came back with the police. avoiding confrontation is always best. once they see the boys in blue they change their tune. i had to call state police once to pick up a trash cart. she didnt pay her bill, so i went to pick up the cart, she got in my face, i went to the truck and called my boss, they called state police. once the cop got there she coffed up the trash can no problem.

[400exrider99]

you should be fine. can you carry a gun with you even a b-b gun (handgun) for intimidation. people see you with a bun i bet they would back off. do you have tell the person that your taking there car/truck whatever it may be.

[dunnonuttin]

Originally posted by 400exrider99
you should be fine. can you carry a gun with you even a b-b gun (handgun) for intimidation. people see you with a bun i bet they would back off. do you have tell the person that your taking there car/truck whatever it may be. my moms b/f carries a gun with him, wheather its legal or not i dunno. but you have to let them know that you are taking their car and have the proof of repossesion and all and if they are not home, you have to contact the sherrif department and inform them you are repossesing the car. as far as hes told me, thats how it works in nc

[Kickstarts-suck]

ive always wanted to be a repo man after watching that show on TLC

[HB416EX]

Originally posted by 400exrider99
you should be fine. can you carry a gun with you even a b-b gun (handgun) for intimidation. people see you with a bun i bet they would back off. do you have tell the person that your taking there car/truck whatever it may be.

What am I supposed to do with a gun?If you pull a gun on someone you go to jail,if they have a gun then they might shoot.I make enough getting cars that are easy I don't need to be pointing guns at people.



Originally posted by bulkdriverlp
you should have got back in your truck and left, and came back with the police. avoiding confrontation is always best. once they see the boys in blue they change their tune. i had to call state police once to pick up a trash cart. she didnt pay her bill, so i went to pick up the cart, she got in my face, i went to the truck and called my boss, they called state police. once the cop got there she coffed up the trash can no problem.


He would have left with the car and in CA the cops won't help.They can not get involved on either side.They can't say I can take it and they can't tell the debtor they can.They are just there to keep the peace.Most cops get mad at us because we make more money than them and repossessions are very touchy there are alot of lawsuits and police do not want to get involved.

[HB416EX]

Originally posted by Kickstarts-suck
ive always wanted to be a repo man after watching that show on TLC

It's not a job for evryone.

[Quadfather]

Originally posted by HB416EX
I choked him unconscience,it felt so good.He looked like a b1tch infront of all his neighbors.I think in the end it nothing will happen to me.


We'll see who the b!tch is when you're doing thirty days in the can, while Bubba is doing thirty days in YOUR can.


Repos must be done in a peaceful fashion. If you are in the middle of the repo, and the deadbeat comes out and tells you to stop, and to leave his propety, you must abide.

[HB416EX]

Originally posted by Quadfather
We'll see who the b!tch is when you're doing thirty days in the can, while Bubba is doing thirty days in YOUR can.


Repos must be done in a peaceful fashion. If you are in the middle of the repo, and the deadbeat comes out and tells you to stop, and to leave his propety, you must abide.

Screw you.What do you know?If I left everytime someone told me to I wouldn't make any money.You know nothing about my job.

[Quadfather]

It seems that I know more than you about your job. Read the link below. If the guy getting the car repo'ed 'protests' against you taking it, ie: he comes out of the house and says that you can't take it, it is against the law for you to do so. I hope the guy that you 'choked until he was unconsience' sues you and your employer for everything both of you have.



http://www.carreonandassociates.com/articles/reposession.htm

[bulkdriverlp]

you cant make an obligation to pay for something and not. it will get taken away, if that were the case anybody could drive a new vehicle for nothing right?

[Quadfather]

Believe me, I hate deadbeats as much or more than the next guy.

But, simply put, you cannot break the law in order to see that the creditor gets his property back.

I hate to see these scumbags ditch out on their payments, then hide the cars in their friends garage and such so that the creditor has a hard time getting it back, but there are laws and rules in effect that you must follow in order to do so.

[dunnonuttin]

Originally posted by Quadfather
It seems that I know more than you about your job. Read the link below. If the guy getting the car repo'ed 'protests' against you taking it, ie: he comes out of the house and says that you can't take it, it is against the law for you to do so. I hope the guy that you 'choked until he was unconsience' sues you and your employer for everything both of you have.



http://www.carreonandassociates.com/articles/reposession.htm so i read it and the only place i saw that you cant take the car from if he says to stop is a closed garage. anywhere else is fair game. its like if i sold you a bike, if you dont pay for it then i have the right to come take it back from you

[Quadfather]

However, when seizing the vehicle, your creditor may not commit a "breach of the peace" by, for example, using physical force or threats of force. Taking your car over your protest or removing it from a closed garage without your permission also may constitute a breach of the peace


Read again, it states "taking your car over your protest" OR, I repeat, OR "removing it from a closed garage."


If I bought a bike from you, I would pay you in cold, hard cash, just like I did for my three boats, two motorcycles, two campers, my house, and my atvs.

[Prey]

Originally posted by Quadfather
However, when seizing the vehicle, your creditor may not commit a "breach of the peace" by, for example, using physical force or threats of force. Taking your car over your protest or removing it from a closed garage without your permission also may constitute a breach of the peace


Read again, it states "taking your car over your protest" OR, I repeat, OR "removing it from a closed garage."


If I bought a bike from you, I would pay you in cold, hard cash, just like I did for my three boats, two motorcycles, two campers, my house, and my atvs.

you should also read more closely, and this time pay some attention to keywords "Taking your car over your protest or removing it from a closed garage without your permission also may constitute a breach of the peace, depending on the law in your state" before you start shooting your mouth off about how you "know more" and this guy going to jail

you should also be smart enough to figure out that as soon as the lendee became combative and picked up a weapon..... he is the one who "breached the peace" and also under all state laws a person is allowed to defend themselves with equal force.

[HB416EX]

Originally posted by Prey
you should also read more closely, and this time pay some attention to keywords "Taking your car over your protest or removing it from a closed garage without your permission also may constitute a breach of the peace, depending on the law in your state" before you start shooting your mouth off about how you "know more" and this guy going to jail

you should also be smart enough to figure out that as soon as the lendee became combative and picked up a weapon..... he is the one who "breached the peace" and also under all state laws a person is allowed to defend themselves with equal force.


Thank You.He must have had something repossessed before and is angry.I have been doing this 7 years I know ALL the laws and what I can and can't do.Alot of people get mad and say leave my car.I say NO and tow it away,that is not breach of peace.You also have to prove breach of peace.We have been to court and have never lost.I also left with this guys car so I obviously did nothing wrong.

[RippinIt]

wow this is a cool thread...the repo business is crazy!

[Outlaw 50]

I have a question for all you repo guys: If a vehicle that is to be reposessed is parked on a property that is posted with a "no trespassing" sign, can you legally go on to the property and take the vehicle?

[Quadfather]

Originally posted by HB416EX
Thank You.He must have had something repossessed before and is angry.


That's a good one. I've never had anything repo'ed. I guarantee I pay more in taxes in a month than you make in a year...or two.

[TGW_400ex]

Originally posted by Quadfather
That's a good one. I've never had anything repo'ed. I guarantee I pay more in taxes in a month than you make in a year...or two.

Dude why are you starting stuff with this guy?

[HB416EX]

Originally posted by Quadfather
That's a good one. I've never had anything repo'ed. I guarantee I pay more in taxes in a month than you make in a year...or two.

I make 125,000 a year and work 4 days a week for AT MOST 6 hours a day.If you pay that much in taxes you must be a millionare.

[HB416EX]

Originally posted by Outlaw 50
I have a question for all you repo guys: If a vehicle that is to be reposessed is parked on a property that is posted with a "no trespassing" sign, can you legally go on to the property and take the vehicle?

Signs don't mean anything.You cannot enter anything that locked......fence,gate,garage etc.

[HB416EX]

Originally posted by TGW_400ex
Dude why are you starting stuff with this guy?

The only reason he would be so mad is that he had something repossessed,his credit is shot and he still has to pay for it.There is no other explanation why he is being such a jerkoff.