Would it be legal to repo...

[Excessive Force]

I sold a piece of 'special equipment' with a remaining $5k due in 2 months that was due back in 2003. I have gotten nothing from the buyer except excuses. Now Im down for a good head crunchin, leg breakin time most of the time but was wondering if I would be in the legal right to repo that 'special equipment' for lack of payment to which a simple contract was written up between the 2 parties and have failed to recieve the remaining payments for over 2 years? Any good suggestion short of giving me prison time?

[ROZ]

Originally posted by Excessive Force
I sold a piece of 'special equipment' with a remaining $5k due in 2 months that was due back in 2003. I have gotten nothing from the buyer except excuses. Now Im down for a good head crunchin, leg breakin time most of the time but was wondering if I would be in the legal right to repo that 'special equipment' for lack of payment to which a simple contract was written up between the 2 parties and have failed to recieve the remaining payments for over 2 years? Any good suggestion short of giving me prison time?
PM repo man. It's likely he'll have a few answers for ya.

[Jrocket]

Touchy area ther.
Hey repo man,Ive got some free time on my hands.Do you need some help?

[gramps]

Originally posted by Excessive Force
I sold a piece of 'special equipment' with a remaining $5k due in 2 months that was due back in 2003. I have gotten nothing from the buyer except excuses. Now Im down for a good head crunchin, leg breakin time most of the time but was wondering if I would be in the legal right to repo that 'special equipment' for lack of payment to which a simple contract was written up between the 2 parties and have failed to recieve the remaining payments for over 2 years? Any good suggestion short of giving me prison time?
If you have a legal written contract I don't see any problems.

[Excessive Force]

thats what I would think.

[clownpuncher]

If there is a sales receipt/invoice showing balance due I'd think you're justified in repo-ing it.
Just a suggestion, if'n things do get a little violent and the guy gets hurt, you might not wanna expose your ***boat screenname ;) when it goes to court.
Seriously, I'd contact repoman on the boards and get some expert guidance. Ot take it to small claims. Pain in the ass but.....

[mike37]

Originally posted by Excessive Force
I sold a piece of 'special equipment' with a remaining $5k due in 2 months that was due back in 2003. I have gotten nothing from the buyer except excuses. Now Im down for a good head crunchin, leg breakin time most of the time but was wondering if I would be in the legal right to repo that 'special equipment' for lack of payment to which a simple contract was written up between the 2 parties and have failed to recieve the remaining payments for over 2 years? Any good suggestion short of giving me prison time? I don’t think you can repo it unless you set it up as a loan with the equipment as collateral kind like a car loan

[Excessive Force]

The plot thickens....maybe Repo-man will chime in here soon.

[mickeyfinn]

Here is something I found:
EXACTLY WHEN CAN A CREDITOR REPOSSESS SOMETHING OF MINE?
When you buy large items such as furniture, appliances, or automobiles on credit, the creditor usually keeps a Security Interest or lien in the item(s). What this means is that if you don’t make your payments as agreed, the seller has the right to repossess (take back) your purchase. Depending on how much you paid before the repossession, the seller can either just keep the purchase and cancel your contract, or sell it to someone else and charge you the difference between what he got from the resale and what you agreed to pay originally. If you had almost paid for the item before it was repossessed, the seller must resell it and you should be able to get some of your money back.
Your creditor can repossess without going to court only if he can do it peacefully. That is, he cannot break into your house or use other forcible means to get the item away from you. If he can’t do it peacefully, he must go to court (You may, however, have to pay his costs of taking you to court).
If you disagree with your creditor about rights under the contract, or what you owe, you should not allow the creditor to simply take back the purchase. See a lawyer first; you might be advised to force your creditor to go to court instead of allowing him to peacefully repossess.
This came from the following page:
web page (http://www.lawhelp.org/documents/94691DEBT.html)

[Excessive Force]

Good info so far...All I had was a simple contract much like one you make when you sell your used car. Dont know what I was thinking, the buyer is hiding from the IRS for years and owes them like $60k. So getting a Judgement thru the courthouse would prolly mean nothing to him. Theres gotta be a way. So far its sounding like brute force.

[repo man]

Originally posted by Excessive Force
I sold a piece of 'special equipment' with a remaining $5k due in 2 months that was due back in 2003. I have gotten nothing from the buyer except excuses. Now Im down for a good head crunchin, leg breakin time most of the time but was wondering if I would be in the legal right to repo that 'special equipment' for lack of payment to which a simple contract was written up between the 2 parties and have failed to recieve the remaining payments for over 2 years? Any good suggestion short of giving me prison time? check your pm's

[MRS FLYIN VEE]

:eek!: that guys in trouble now.. LOL!!:D

[Mohavekid]

As others have said, yoou can peacefully reposses the item if the buyer fails to adhere to the terms of the contract. You can also go to court and ask the court to enforce the contract.
I assume the item is "legal". You cannot enforce a contract for the sale or purchase of an illegal item or act.
Good luck.

[dmontzsta]

Originally posted by repo man
check your pm's
ahahahaha, nice! I was going to recommend you, just do it on the side dude. ;)
BTW: I didnt recognize you with your avatar. :)
That Hondo was gone, I called right after I talked to you the other day, he said it had been gone for a while.

[repo man]

you waited toooo long .

[Ultracrazy]

Go to court and get a "Writ of Possession" personal property. And you can also get a "break in order" with it........it takes time.....but it's all legal.

[C-2]

BTW, it's only 2004 now, maybe you still have some time left?
Too many problems going the legal route as I see it. If you didn't obtain a security interest to start with, repo might not be available without a court action first; but the statute of limitations has probably run so even if you filed a court action, he could probably get it dismissed.
The IRS might like to know about the purchase and where he came up with the down payment money. The IRS, if you can find the correct collections office, loves tips like these. And if he has IRS problems - then he most likely also has state tax problems as well - and they pursue collections even more aggressively.
PM me detailed info if you would like me to take a quick peek at this guy.

[ratso]

I used to have to repo boats at times, usually because they quit paying or owed money on repairs. Now nothing leaves without being paid in full. I still have a bounced check every once in awhile and either me or my "biker" that works for me will go collect. We gave one guy over a month to settle up and he never would. We show up at his place and can't get to his boat to take it so we knock on the door and he lets us in with some sob story about why he can't pay us yet...but he is still at the lake every weekend and that costs money. The guy that works for me cracks me up...he is walking around the room and goes over to the guy's tv set and goes "Hmm, this should do..." and he disconnects it and walks out the door with it. The look on the guy's face still cracks me up to this day. Anyhow, he shows up the next day with the cash and we give him his tv back.:D

[Boatcop]

If you get a court ordered judgment, and the other party does not comply with it, you can go to the local Sheriff to obtain the item, or other items to satisfy the judgment.
The order can be either for cash, or the item itself. What will happen is, the Sheriff will sieze property and conduct an auction to recover the amount(s) owed. If the item(s) are auctioned off for less than owed, they can go back and get more until the debt is met. If it is auctioned off for more than is owed, the balance is returned to the other dude.
If it is for the return of a specific item, the Sheriff will seize it, and convey the property to you.
Personal repo is tricky business, and usually illegal, unless there is a written contract leaving interest in the item with the seller until paid off.

[totenhosen]

Originally posted by Boatcop
If you get a court ordered judgment, and the other party does not comply with it, you can go to the local Sheriff to obtain the item, or other items to satisfy the judgment.
The order can be either for cash, or the item itself. What will happen is, the Sheriff will sieze property and conduct an auction to recover the amount(s) owed. If the item(s) are auctioned off for less than owed, they can go back and get more until the debt is met. If it is auctioned off for more than is owed, the balance is returned to the other dude.
If it is for the return of a specific item, the Sheriff will seize it, and convey the property to you.
Personal repo is tricky business, and usually illegal, unless there is a written contract leaving interest in the item with the seller until paid off.
Next time you might also want to file a UCC-1 filing and security agreement specifying the exact equipment.

[C-2]

Originally posted by totenhosen
Next time you might also want to file a UCC-1 filing and security agreement specifying the exact equipment.
Yup.
I think if we read between the lines though, the "special equipment" might be something that is best left out of public records.
Obtaining a judgment is the easy part; collecting it is where it becomes a pain in the arse. Even though he has tax problems, usually there are still assets available and the IRS is treated only as a competing creditor.
A google search for revenge tactics is also fun. My personal favorite; drop an empty bag of sugar below the gas cap on your marks car, and be sure to drop a little sugar on the ground too.
Illegal? - nope. :eek: :eek: :eek:

[dmontzsta]

Originally posted by repo man
you waited toooo long .
I wouldnt call it waiting too long...
more like...I was broke too long. :)

[HighRoller]

Pay a scumbag laywer $100 to write a very threatening letter first. It's amazing what a bluff will do sometimes. Threaten him with everything short of dismemberment. See what happens before you take the next step.

[BrendellaJet]

statute of limitations on a written contract is 4 years.

[roostwear]

Speaking hypothetically, of course, if he owes the IRS $60k, and is hiding, what makes you think he'd call the cops? In theory, you could go get your "special equipment", then turn the deadbeat in to the IRS. If the IRS paid a bounty, that would make it even sweeter!

[ssmike]

Originally posted by BrendellaJet
statute of limitations on a written contract is 4 years.
that is wrong on so many levels :confused:

[Excessive Force]

Damn fellas, Im glad Im on this end of the stick!! There is a wealth of darness in here. This dude is kinda slick. I know how he is but he can talk his way out of a bag of shit. But true the contract has not been fullfilled. I need to do it in a way that he will not know because he will hide it. Its nothing illegal it is construction equipment. He may call the cops just to document as far as he can get cuz I think he has no case. If I go about it the legal way, he will be notified by the courts I believe. Just wanna know if I can take it w/o the courts getting involved.
C2, thanks
Repoman, will call u at a later time.

[Excessive Force]

not sure if I mentioned this...but the equipment did not come w/ a pink slip but it was registered in my name, when I sold it to him I filled out a release of liability form which I did verify with the DMV, he never reregistered it in his name, if this helps.