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wrongful | CURepossession https://curepossession.com Where the repossession industry gets its news Tue, 19 Nov 2024 02:31:23 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://curepossession.com/wp-content/uploads/2022/10/cropped-curepo_favicon_10_22.2-32x32.png wrongful | CURepossession https://curepossession.com 32 32 Wrongful Death During Repossession Lawsuit Moves to Arbitration https://curepossession.com/wrongful-death-during-repossession-lawsuit-moves-to-arbitration/ Tue, 19 Nov 2024 02:31:23 +0000 https://curepossession.com/?p=29890 Allstar Recovery and two employees are named as defendants in the lawsuit   Decatur, AL...

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Allstar Recovery and two employees are named as defendants in the lawsuit

 

Decatur, AL – November 15, 2024 – They didn’t pull the trigger, but they did request the police standby that led to the death of borrower Stephen Perkins. Now, the Repossessors and the agency they work for are facing a wrongful death lawsuit. While successfully moving the lawsuit to arbitration, the arbitrator is not necessarily one with a history of good relations with the repossession industry, it is the Alabama Better Business Bureau.  

Wrongful Death During Repossession Lawsuit Moves to Arbitration
Steve Perkins and Family

Named in the lawsuit are the Lender, Pentagon Federal Credit Union (PenFed), America’s second-largest federal credit union, serving over 2.9 million members worldwide with $35.4 billion in assets as of November 1, 2023, according to their website.

Allstar Recovery and the repossessors involved in the incident were named as Caleb Combs and Richie Brady.

The Shooting

As previously reported, 39-year-old father and borrower Stephen Perkins, was gunned down by officers from the Decatur Police Department outside his home on September 29 in Decatur, Alabama. Police claimed that a repossessor, later identified as employed by All Star Recovery, had previously attempted to repossess Perkins truck when it is alleged that Perkins pulled a gun on him. This resulted in the agent calling 911.

Wrongful Death During Repossession Lawsuit Moves to ArbitrationWhile police have yet to release police bodycam footage of the incident, video surveillance cameras captured from neighbors captured the moment Perkins was gunned down. A total of eighteen rounds were fired at him.

Video was also captured showing an agent from Allstar Recovery towing away Perkins truck as he laid dying just feet away. He begins leaving the scene after about 30 seconds into the video while officers can be seen still patting the dying Perkins on the ground behind him. Perkins’ final words were said to be ‘help.’

The video footage had triggered renewed outrage in Decatur at both the police department for allowing the repossession to commence and at All Star recovery whom local activist claim was a needless death. 

In the video, at Decatur officers can be seen standing over the body of Perkins in his front lawn after gunning him down. At the same time, the repossession agent can be seen towing away Perkins’ white GMC Sierra.

The Decatur Police only made things worse when they admitted to reporting a crucial piece of their original allegations that Perkins had been told to drop a gun that he’d been holding but had refused to follow the orders to do so.

Decator Police Chief, Todd Pinion later said Perkins had been ordered to ‘get on the ground’ by officers who’d identified themselves as police. Video evidence showed that officers opened fire before the final order was given when Perkins pointed his flashlight reportedly attached to his pistol. The omission of this critical detail created a firestorm of outrage and suspicion by neighbors and the community.

Wrongful Death During Repossession Lawsuit Moves to Arbitration
Former Decatur police officer Mac Bailey Marquette

The lawsuit against Officer Bailey Marquette has been allowed to go forward, but a federal judge has dismissed several claims in the lawsuit, including those filed against three former Decatur police officers – Christopher Mukkadam, Joey Williams and Vance Summers and the City of Decatur.

The repossession company, Allstar Recovery and the two employees have argued they want the claims against them handled by an arbitrator, saying the Perkins family’s claims fall under the arbitration clause laid out in the purchase agreement for Stephen Perkins’ truck.

In a September court filing, Perkins family lawyers argued that the wrongful death claims in the case fall outside the scope of the arbitration agreement because they are not contract-related. They also argued that since the company chose the arbitration forum, they should not be required to arbitrate claims to an ‘unidentified and unknown’ arbitrator.

But the order granting a motion to compel arbitration on Thursday by U.S. District Judge Corey Maze said the question of whether arbitration is the right forum, the “arbitrability,” would be up to the Better Business Bureau of North Alabama to decide.

“Allstar contacted the contractually agreed upon arbitrator—the Better Business Bureau of North Alabama—about this case. But the Better Business Bureau of North Alabama declined to serve as arbitrator … All that BBB must do is arbitrate the scope of the arbitration agreement. If the BBB finds that the claims Perkins brings don’t fit within the scope of the arbitration agreement, then the BBB can simply send Perkins’s claims back to this court,” the filing says.

Wrongful Death During Repossession Lawsuit Moves to Arbitration
Agent leaving with truck

Documents state the BBB’s arbitration process is intended to “resolve disputes between a buyer and a seller, and a wrongful death claim exceeds the capabilities,” of that process. The BBB previously declined to arbitrate the matter, citing this process. The court also denied Allstar Recovery’s motion to dismiss the claims against them.

Despite the claims against three of the former officers and the City of Decatur being dropped, the claims against Marquette were allowed to move forward because the court found the Perkins’ family lawyers — at this stage — made a successful argument that Marquette’s use of deadly force was not justified.

“Assuming these facts are true, Officer Marquette would not be entitled to qualified immunity because, when Marquette used deadly force, Perkins was neither trying to leave the scene nor posing a serious threat of physical harm to others,” The court said. “Nor did Marquette warn Perkins that he might use deadly force before he shot him.”The judge also said that the dismissals, including of some claims against Marquette, were done “without prejudice” and he will allow the Perkins’ family lawyers to reargue the claims one more time.

Marquette’s criminal trial in the case is set for April.

Source: Yahoo News

 

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Demanding Unbiased Oversight and Fair Compensation in the Repossession Industry https://curepossession.com/demanding-unbiased-oversight-and-fair-compensation-in-the-repossession-industry/ Wed, 11 Sep 2024 01:52:05 +0000 https://curepossession.com/?p=29609 HNS Recovery Demands Unbiased Oversight and Fair Compensation in the Repossession Industry   PLANO, Texas, Sept....

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HNS Recovery Demands Unbiased Oversight and Fair Compensation in the Repossession Industry

 

PLANO, Texas, Sept. 4, 2024 /PRNewswire/ — HNS Recovery, a leader in ethical and efficient vehicle recovery, is calling out the glaring injustices in the repossession industry. With rising operational costs and outdated compensation rates from clients, many repossession companies are being pushed to the brink. Even more troubling is the lack of impartial oversight, which has allowed unethical practices to fester unchecked.

The Crushing Weight of Rising Operational Costs

The repossession industry is facing a financial crisis. Operational costs have skyrocketed, with HNS Recovery facing an average operational cost of $37.71 per vehicle. Despite these rising expenses, the company is only able to collect storage fees on a fraction of the vehicles repossessed.

In July alone, HNS Recovery repossessed 2,000 vehicles but was only able to charge storage fees on 310 of them, leaving 1,690 vehicles for which no storage fees could be collected. With an average storage loss of $85 per vehicle, this resulted in a monthly storage loss of $143,650 and total monthly losses of $219,070 when combined with operational costs.

“Repossession companies are being squeezed dry,” said Mike Aghyarian, Chief Executive Officer at HNS Recovery. “Over a quarter, these losses add up to $657,210, and over a year, we’re looking at a staggering $2,628,840 in losses. The financial strain is unbearable, and yet the clients expect us to keep operating under these conditions.”

Unfair Compensation Practices by Clients

Despite these rising costs, clients refuse to adjust their compensation rates. Most contracts remain stuck at prepandemic levels, ignoring the economic realities repossession companies face every day. These outdated contracts fail to account for the increased expenses required to maintain the same level of service.

“Clients are turning a blind eye to the challenges we face,” Aghyarian stated. “They demand more efficiency and better results, but they’re not willing to pay for it. It’s like asking for a luxury car but only wanting to pay for a used one. The clients need to wake up and recognize that their inflexibility is killing our industry.”

A Rigged System: Bias in Regulatory Oversight

Adding insult to injury, many of the regulatory bodies overseeing the repossession industry are staffed by repossession company owners, creating a blatant conflict of interest. This self-regulation has led to biased policies that prioritize profits over ethical considerations and consumer protections.

“Let’s call it what it is—having repossession company owners regulate their own industry is like letting the fox guard the henhouse,” Aghyarian said. “This system is rigged to benefit insiders who care more about their bottom line than about fair practices. The current oversight structure is a joke, and consumers are paying the price.”

Demand for Independent Oversight

HNS Recovery is calling for the establishment of independent oversight bodies that have no ties to the repossession industry. These bodies would ensure that repossession practices are ethical and that consumers are treated with respect and fairness.

“We need an independent watchdog that has no stake in this game,” Aghyarian asserted. “It’s the only way to ensure transparency, fairness, and accountability. Right now, the system is broken, and the only way to fix it is by bringing in unbiased regulators who will hold these companies to the standards they claim to uphold.”

Time for Change: A Call to Action

HNS Recovery demands immediate action from clients and policymakers to:

Implement Independent Oversight: Establish regulatory bodies completely independent of the repossession industry to enforce ethical standards and protect consumer rights.

Reform Compensation Models: clients must update their compensation structures to reflect the real costs of repossession, ensuring the industry remains viable and ethical.

Enforce Ethical Practices: Develop and mandate ethical guidelines that prioritize humane treatment of consumers and fair practices, with mandatory training for repossession agents.

“The time for talking is over,” said Aghyarian. “We need action. We need reforms that put people over profits and ethics over exploitation. We need a repossession industry that operates with integrity and fairness. And we need it now.”

Demanding Unbiased Oversight and Fair Compensation in the Repossession IndustryAbout HNS Recovery

HNS Recovery is committed to providing ethical, efficient, and secure vehicle recovery services. With a focus on integrity and transparency, HNS Recovery seeks to lead the repossession industry toward a more compassionate and sustainable future.

SOURCE The Car Source dba HNS Recovery

 

 

 

 

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Sounding the Alarm on Wrongful Repossessions https://curepossession.com/sounding-the-alarm-on-wrongful-repossessions/ Thu, 05 Sep 2024 01:07:15 +0000 https://curepossession.com/?p=29578 HNS Recovery Sounds the Alarm: Repossession Agencies Bleed Millions Due to Wrongful Repossession Suits Caused...

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HNS Recovery Sounds the Alarm: Repossession Agencies Bleed Millions Due to Wrongful Repossession Suits Caused by Client Negligence

 

PLANO, TX – HNS Recovery, a leader in the repossession industry, is issuing a rallying cry to all repossession agencies nationwide to unite against the rising tide of costly and unjust litigation stemming from wrongful repossession suits. As it stands, repossession agencies are being dragged into court and forced to spend millions of dollars on legal fees, simply for executing repossession orders issued by clients. These orders, often riddled with errors or issued without proper verification, are placing the very survival of repossession agencies at risk.

This crisis is not of our making. Repossession agencies operate on the orders provided by clients, who bear the sole responsibility of ensuring the validity of these orders. Yet, when a repossession is challenged as wrongful, it is not the negligent client who shoulders the burden—it is the repossession agency, the very party that has acted in good faith and in full compliance with the law.

“This is an outrage,” said Mike Aghyarian, CEO of HNS Recovery. “Repossession agencies are not in the business of adjudicating the validity of repossession orders and there are currently no avenues for verifying the debt. The same goes for the verification of active-duty service members who are on deployment. These are orders that we should not receive. We are service providers who act on the instructions given to us. And yet, we are being forced to pay the price for the negligence of others. This cannot continue.”

The financial toll is staggering. Millions of dollars are being siphoned from our industry, not because of any wrongdoing on our part, but because the current legal framework unfairly targets those who are easiest to blame—the repossession agencies. As a direct consequence of these frivolous lawsuits, insurance costs have skyrocketed, further squeezing our industry and threatening the viability of our businesses. This must stop. The legal system must recognize that repossession agencies cannot and should not be held liable for wrongful repossessions that occur because of invalid orders issued by clients.

HNS Recovery is demanding immediate and decisive action. We need to unite, now more than ever, to demand legislative change that will put an end to this insanity. The law must be amended to explicitly protect repossession agencies from being held liable for wrongful repossessions caused by invalid orders. The negligence of clients cannot be allowed to continue to destroy our businesses.

As a first step toward achieving this crucial change, Mike Aghyarian, a key figure in the repossession industry, is already working to secure a meeting with Texas Governor Greg Abbott. This meeting will focus on taking a hard look at current state legislation and laying the groundwork for a path forward to federal legislation that will protect repossession agencies across the nation. The time for action is now, and we need strong leadership and swift legislative changes to protect our industry.

“We must stand together,” continued Mike Aghyarian. “If we do not act now, we risk the future of our businesses and our industry. It’s time to demand the protection and fairness we deserve.”

HNS Recovery urges all repossession agencies to contact their local representatives, join industry coalitions, and make their voices heard. Together, we can push for the necessary legislative changes that will safeguard our industry from the negligent practices of clients.

Sounding the Alarm on Wrongful RepossessionsAbout HNS Recovery

HNS Recovery is a leading repossession agency committed to providing professional, empathetic and compliant repossession services. With years of experience in the industry, HNS Recovery prides itself on its integrity, efficiency, and dedication to upholding the highest standards of service.

Source: PR Newswire

 

 

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Wrongful Death Lawsuit of Repo Man Murder Dismissed https://curepossession.com/wrongful-death-lawsuit-of-repo-man-murder-dismissed/ Thu, 11 Jul 2024 03:45:17 +0000 https://curepossession.com/?p=29369 Wrongful Death Lawsuit of Repo Man Murder Dismissed Widow of murdered repo man Jayson Click...

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Wrongful Death Lawsuit of Repo Man Murder Dismissed

Widow of murdered repo man Jayson Click dismisses wrongful death lawsuit

MADISON COUNTY, Ala. (WHNT) — A wrongful death lawsuit filed against the man accused of killing Jayson Click on December 13th of 2023 has been dismissed. Their inability to serve process on the accused killers who has allegedly having jumped bail and living out of state appears to be the probable cause.

Repo Murderer Skips Bail
Siao in his court appearance

On July 3rd, Ann Click filed to voluntarily dismiss the wrongful death lawsuit against Warren Siao for the shooting death of her husband, Jayson Click, without prejudice. The suit was initially filed on February 26.

In the motion to dismiss, Click’s attorneys state they have been unable to serve Siao with the complaint and summons.  The wrongful death lawsuit filed against 47-year-old Siao stated that in December 2023, Click was lawfully performing a vehicle repossession at Siao’s home when he was shot and killed.

The court documents state, “[Siao] negligently, recklessly, and/or wantonly shot an automatic firearm in the general direction of Jayson Click. As a direct and proximate result of Warren Siao’s negligent, reckless, and/or wanton conduct of firing his weapon in Jayson Click’s direction, Jayson Click was struck by the gunfire and died.”

Repossession Murder in AlabamaThe night of the shooting, Siao, his wife and the tow truck driver were taken to Huntsville Police Department’s Criminal Investigations Division for questioning. Siao’s wife told investigators they were behind on the car payments.

Repo Murderer Skips Bail
Jayson and Ann Clark.

The investigator said the tow truck driver told him that he and his partner, Click, spotted the car in an open garage at Siao’s house. After no one answered the door, they backed their truck up to the car and pulled it out of the garage to be towed away.

The investigator said that Siao admitted he fired 5-6 shots with a rifle, but he said he thought the men with his car were robbers.

Siao is currently out of jail on bond following his preliminary hearing. Ann Click filed to dismiss the lawsuit on the basis that she could re-file the cause of action whenever he is found.

Source: WHNT.com

 

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Repo Murderer Skips Bail https://curepossession.com/repo-murderer-skips-bail/ Thu, 11 Jul 2024 03:27:13 +0000 https://curepossession.com/?p=29363 Repo Murderer Skips Bail $60,000 Bond Madison County, AL – July 9, 2024 – 47-year-old...

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Repo Murderer Skips Bail

$60,000 Bond

Madison County, AL – July 9, 2024 – 47-year-old Warren Siao was arrested for the murder of 38-year-old repossession agency owner, Jayson Click on December 13th of 2023. Click was granted bail and posted a $60K bond. As a condition of the bond, under Alabama law, someone who is out on bond cannot leave the state without notifying the court. Siao has been reported to have been located in Nevada.

The bondsman for a man accused of shooting and killing a tow truck driver says the accused shooter is not in the state.

Warren Siao is accused of shooting and killing 38-year-old Jayson Click during a repossession on December 13, 2023. He was arrested and charged with murder.

Currently Siao is out on a $60,000 bond and his bondsman says he is in Nevada.

“If we do catch them out of state and we have not been notified, then we will revoke their bond,” Angelo Contino with Betta Bonds said.

Under Alabama law, someone who is out on bond can not leave the state without notifying the court. However, the owner of Betta Bonds says Siao told him exactly where he was headed.

“We have to feel completely comfortable with it. Because you do have some individuals that will come up with an excuse,” Contino said. “This specific individual, no, I don’t feel like he’s a flight risk or anything like that.”

Prosecutors in the Madison County District Attorney’s Office say Siao never received permission to leave Alabama and is in violation of his bond terms.

Attorney Mark McDaniel who is not affiliated with this case offered his view.

“If a defendant bonds out of jail, there is a statement in there that says what he can and cannot do and one of those things is that he can’t leave the state,” McDaniel said.

At this time a trial date has not been set for Siao.

Source: WAFF

 

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Another City, Another Threat of Fines on Repossessors https://curepossession.com/another-city-another-threat-of-fines-on-repossessors/ Sun, 09 Jun 2024 23:10:12 +0000 https://curepossession.com/?p=29243 Another City, Another Threat of Fines on Repossessors Perhaps inspired by the passage of Decatur,...

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Another City, Another Threat of Fines on Repossessors

Perhaps inspired by the passage of Decatur, Alabama’s tough new repossession ordinance, the city of Fulton, Georgia has enacted one their own. While not as detailed or threatening jail time, it appears as though the city has had it with repossession agents not providing notification of repossession.

 SOUTH FULTON, GA, UNITED STATES, June 6, 2024 /EINPresswire.com/ — To ensure compliance with repossession notification procedures, the City of South Fulton has enacted a new ordinance imposing civil fines on repossession agents who fail to adhere to the mandated notification protocols. The ordinance aims to enhance accountability and provide clear penalties for non-compliance, thus safeguarding the rights of citizens during repossession activities.

Under the new ordinance, repossession agents must follow the notification procedures outlined in Section 8-1020 of the City Code. Failure to do so will result in a structured penalty system designed to increase the financial consequences for repeated violations incrementally. The penalty structure is as follows:

  • For the first failure to notify, there will be no fine imposed.
  • A second failure to notify will incur a fine of $100.00.
  • A third failure to notify will result in a fine of $150.00.
  • A fourth failure to notify will lead to a fine of $200.00.
  • A fifth failure to notify will attract a fine of $250.00.
  • Fines will range between $500.00 and $1,000.00 for the sixth or any subsequent failures to notify.

This progressive penalty system is designed to provide a strong deterrent against non-compliance while allowing for the resolution of initial minor infractions without immediate severe penalties.

“This new ordinance is a proactive step to protect citizens’ rights during repossession activities,” said Councilwoman Williams Brown. “By imposing penalties for non-compliance, we’re sending a clear message: adherence to notification protocols is not optional. This ensures transparency and fairness, benefiting citizens and repossession agents alike.”

Furthermore, the ordinance includes provisions to ensure its validity and enforceability. It states that all sections, paragraphs, sentences, clauses, and phrases are believed to be valid, enforceable, and constitutional. If any part of the ordinance is declared invalid or unenforceable

by a court, the remaining provisions will continue to be effective to the greatest extent allowed by law.

 

###

 

About the City of South Fulton

With a population of nearly 108,000 residents, South Fulton stands as Georgia’s fifth-largest city. Encompassing over 90 square miles, its diverse terrain blends urban and rural landscapes, boasting the largest expanse of undeveloped land on the southern side of metro Atlanta. Established on May 1, 2017, South Fulton is one of Georgia’s newest and most rapidly expanding cities, emerging as a vibrant destination. Explore more about our dynamic community on our website or connect with us through social media at cityofsouthfultonga.gov.

Natasha WILLIAMS

City of South Fulton

+1 4708274404

Source: WRBL.com

 

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City Repossession Ordinance Threatens Jail Time for Violations https://curepossession.com/city-repossession-ordinance-threatens-jail-time-for-violations/ Fri, 10 May 2024 01:05:25 +0000 https://curepossession.com/?p=29096 City Repossession Ordinance Threatens Jail Time for Violations “In addition thereto, any person so convicted...

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City Repossession Ordinance Threatens Jail Time for Violations

“In addition thereto, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months.”

City Repossession Ordinance Threatens Jail Time for Violations
Police restraining borrower Stephen Perkins in September of 2023 after his being shot and eventually succumbing to the injuries

Decatur, AL – May 6, 2024 – It’s now been over seven months since the September 2023 killing of borrower Stephen Perkins during a PenFed Credit Union repossession. The city of Decatur, Alabama had been looking for ways to stop an incident like this from ever happening again and they’ve finally enacted it into a city ordinance. The end results is a series of requirements and limits placed on repossessors that if violated can lead to jail time.

The initial fallout had initially looked to create an ordinance to limit or prohibit repossessions after dark as well as a slew of additional limitations. What they have boiled it down to can be summarized in a few bullet points of the ordinance that takes effect June 1st;

  • Pre Repossession Notification Required – Every Repossessor shall notify the Decatur Police Department front desk at least thirty (30) minutes prior to attempting to repossess a motor vehicle.
  • Post Repossession Attempt Notification Required – The Repossessor shall notify the police department front desk within one hour of the repossession attempt being completed of whether the repossession action was successful or not. Information provided will include details on location of recovery
  • Compliance with State Law. Every Repossessor must carry out the repossession process in compliance with State Law including but not limited to Section 7-9A-609 of the Code of Alabama 1975, as last amended. Repossessor must cease and abandon any attempted repossession at once for whatever reason a breach of the peace occurs.
  • Breach of the Peace. Whether a breach of the peace occurs is impacted and controlled by the facts and circumstances involved in the particular repossession attempt. Peacefully means proceeding “without risk of injury to the secured party, the debtor, or any innocent bystander.” “Actual confrontation or violence is not necessary to finding a breach of peace” but that determination is based on the overall actual facts and circumstances involved.”
  • Business License. Every Repossessor shall have obtained the appropriate business license and credentials required by the City of Decatur prior to proceeding with any repossession attempt.
  • Repossession Attempts Limited. Unless proceeding under documented judicial process, no Repossessor shall proceed with more than one repossession attempt of the same motor vehicle at the same location during any twenty-four (24) hour period of time.
  • Suspension or Revocation of License. In the event of continued or recurrent violations by a Repossessor the business license of a Repossessor is subject to suspension or revocation by the city council after a public hearing.
  • Penalties. Any person violating any of the provisions of this Section, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), or the maximum provided by law. In addition thereto, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months, at the discretion of the municipal judge trying the case.

It’ll be interesting to see if any agents are ever actually taken to task for repeated violations, but this kind of knee jerk emotion seemed inevitable. Hopefully no agent finds themselves at risk of incarceration for violations, but time will tell.

Below is the text of the actual ordinance which I find annoying in the fact that they couldn’t even spell “repossessor” correctly and instead spell “repossesser.” Just me being picky I guess, butthis is a legal document for Pete’s sake.

 

ORDINANCE NO. 24-4580A

BE IT ORDAINED by the City Council of the City of Decatur, Alabama as follows:

Section 1. That Section 24.5-2 of the CODE OF DECATUR, ALABAMA is here by amended to add the definition of “Repossesser” which reads as follows:

“Repossesser shall mean any person whose purpose using a wrecker or other means is to repossess, take possession of, quarantine or disable any motor vehicle which includes an automobile, truck, or motorcycle, either for themselves or as agents for another person or entity and purporting to have the right to repossess, take possession of, quarantine or disable such vehicle pursuant to a financing agreement, security agreement or other legal right.”

Section 2. That the Code of Decatur, Alabama is hereby amended to add a section to be numbered 24.5-28, which section reads as follows:

“Section 24.5-28 Notification of Repossession

Notification Required.

(a) Every Repossesser shall notify the Decatur Police Department front desk at least thirty (30) minutes prior to attempting to repossess a motor vehicle which includes an automobile, truck or motorcycle of their intent to repossess a specific motor vehicle providing the authorization for such attempt, a description of the motor vehicle proposed to be repossessed or towed, including, but not limited to, the year, make, model, style, vehicle identification number, tag number, and color (inside and outside). In addition the location where the repossession attempt is to occur, and the approximate time the proposed action attempt is to occur will be provided at the same time. No Repossesser shall take any action which deviates materially from the notice initially provided to the police department and shall not breach the peace in attempting or carrying out the repossession.

(b) The Repossesser shall notify the police department front desk within one hour of the repossession attempt being completed of whether the repossession action was successful or not.

(c) If the repossession action was successful the Repossesser shall also within one hour of the successful repossession provide the police department front desk with the following information:

(1) Name and address of the person in possession, or believed to be in possession, of the motor vehicle at the time that it was repossessed or towed;

(2) Location where the motor vehicle was found and the repossession or towing was  carried out, including street name and block number if different than previously provided;

(3) Time that the repossession or towing was carried out;

(4) Name of Repossesser who carried out the repossession or towing;

(5) Name of person or entity on whose behalf the repossession or towing was carried out, if different from the Repossesser;

(6) Corrected description of the motor vehicle repossessed or towed, if any portion of the description previously provided changed or was found to be inaccurate; and

(7) Location of the storage of motor vehicle, following repossession or towing.

(d)Compliance with State Law. Every Repossesser must carry out the repossession process in compliance with State Law including but not limited to Section 7-9A-609 of the Code of Alabama 1975, as last amended. Pursuant to State Law unless proceeding under documented judicial process the Repossesser must cease and abandon any attempted repossession at once for whatever reason a breach of the peace occurs.

Every Repossessor shall consider that the risk of a breach of peace potentially increases during early morning hours and should act accordingly for the safety of all involved in any repossession attempt during the early morning hours, especially in residential districts. Certainly for purposes of this Section the determination of breach of peace is modified by future judicial interpretation.

Breach of the Peace. Whether a breach of the peace occurs is impacted and controlled by the facts and circumstances involved in the particular repossession attempt. Peacefully means proceeding “without risk of injury to the secured party, the debtor, or any innocent bystander.” “The potential for breaches of the public peace and tranquility as a result of unauthorized intrusions on property escalates in direct proportion to the presence of fences, gates, signs, and other indicia of nonassent to entry.” The Alabama Supreme Court has further interpreted “breach of peace” to mean “any situation tending to disturb the public order,” which it characterizes as a disturbance of the public tranquility, by any act or conduct inciting to violence or tending  to provoke or excite others to break the peace, or, as is sometimes said, it includes any violation of any law enacted to preserve peace and good order.” “Actual confrontation or violence is not necessary to finding a breach of peace” but that determination is based on the overall actual facts and circumstances involved.”

(e)Business License. Every Repossesser shall have obtained the appropriate business license and credentials required by the City of Decatur prior to proceeding with any repossession attempt.

(f) Repossession Attempts Limited. Unless proceeding under documented judicial process, no Repossesser shall proceed with more than one repossession attempt of the same motor vehicle at the same location during any twenty-four (24) hour period of time.

(g) Suspension or Revocation of License. The continued or recurrent violation by a Repossesser of this Section, other city ordinances or State Laws is detrimental to the health, safety, comfort and convenience of the public. In addition to other remedies available to the city, the business license of a Repossesser after a public hearing is subject to suspension or revocation by the city council for continued or recurrent violation of this Section, other city ordinances or State Laws.

(h) Penalties.  Any person violating any of the provisions of this Section, or failing to  do any act required of such person by any provision of this Section, or doing any act declared by this Section to be unlawful, shall be guilty of a misdemeanor and upon  conviction shall, unless a different or specific penalty be provided for the specific violation in question, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), or the maximum provided by law. In addition thereto, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months, at the discretion of the municipal judge trying the case. The municipal judge should consider any previous violations in determining any penalties adjudicated.“

Section 3. This Ordinance shall take effect June 1, 2024.

ADOPTED this _________day of ____________, 2024. APPROVED this _______day of ____________ 2024

 

Source: RocketCityNow.com

 

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AIR Fighting Back Against Unlicensed Repossession Activity https://curepossession.com/air-fighting-back-against-unlicensed-repossession-activity/ Mon, 08 Apr 2024 01:42:16 +0000 https://curepossession.com/?p=28775 AIR Fighting Back Against Unlicensed Repossession Activity The Alliance of Illinois Repossessors Takes Proactive Steps...

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AIR Fighting Back Against Unlicensed Repossession Activity

The Alliance of Illinois Repossessors Takes Proactive Steps to Combat Unlicensed Repossession Agents

For Immediate Release

The Alliance of Illinois Repossessors (AIR) is proud to announce proactive measures aimed at eliminating situations where financial institutions are engaging non-licensed repossession agents within the state of Illinois. This initiative comes in response to growing concerns regarding wrongful repossessions, loss of revenue for licensed Repossessors, and increased legal risks associated with unauthorized repossessions.

Recent incidents have highlighted the detrimental impact of unlicensed repossession agents operating in Illinois. These rogue operators not only jeopardize the rights and interests of consumers but also pose significant challenges to the integrity of the repossession industry as a whole. Additionally, their presence has led to unfair competition, resulting in substantial revenue losses for licensed Repossessors who adhere to state regulations.

In light of these challenges, AIR is taking proactive steps to address the root causes of unauthorized repossession activities. By collaborating closely with regulatory authorities, financial institutions, and industry stakeholders, we aim to:

Enhance Awareness: We will work diligently to educate financial institutions about the legal and ethical obligations associated with engaging repossession agents. This includes raising awareness about the risks of utilizing unlicensed operators and the potential consequences, such as legal liabilities and reputational damage.

Clients need to be aware that using non-licensed repossession companies in the State of Illinois may constitute a wrongful repossession and open themselves up to significant legal exposure.

Strengthen Compliance: AIR will provide guidance and support to financial institutions to ensure compliance with Illinois state laws and regulations governing repossession activities. This includes facilitating access to licensed Repossessors who meet the necessary qualifications and standards of professionalism.

Enforce Accountability: We are committed to holding financial institutions accountable for their choice of repossession agents and ensuring that only licensed professionals are engaged for asset recovery operations. AIR will actively monitor industry practices and take appropriate action against entities found to be in violation of regulatory requirements.

Protect Consumers: Our efforts are aimed at safeguarding the rights and interests of consumers by promoting responsible and lawful repossession practices. This includes advocating for fair treatment and transparent communication throughout the repossession process.

The Alliance of Illinois Repossessors remains dedicated to upholding the highest standards of professionalism, integrity, and compliance within the repossession industry. Through proactive collaboration and decisive action, we are confident that we can effectively address the challenges posed by unlicensed repossession agents and safeguard the interests of all stakeholders involved.

For more information about AIR’s initiatives and how to ensure compliance with Illinois state regulations, please contact www.air-repo.com

About The Alliance of Illinois RepossessorsAIR Fighting Back Against Unlicensed Repossession Activity

The Alliance of Illinois Repossessors is a gathering of Repossession companies that will unite for the progression of the repossession industry within our state.   AIR is composed of licensed members operating repossession agencies with the State of Illinois.  The purpose of this Association is to strengthen understanding between licensed repossessor’s, law enforcement, financial institutions, regulatory agencies, and the consumer. 

 

AIR Fighting Back Against Unlicensed Repossession Activity – AIR Fighting Back Against Unlicensed Repossession Activity – AIR Fighting Back Against Unlicensed Repossession Activity

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It’s True…Because It’s True https://curepossession.com/its-truebecause-its-true/ Fri, 01 Mar 2024 04:08:24 +0000 https://curepossession.com/?p=28552 It’s True…Because It’s True GUEST EDITORIAL When considering solutions to industry-related challenges, we must first...

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It’s True…Because It’s True

GUEST EDITORIAL

When considering solutions to industry-related challenges, we must first ask the right questions. Recently during an ARA zoom discussion (Feb 2024) I was referred to as “old school” by a very well-respected recovery agency owner. Of course, I had an idea of what it meant, but I wanted to know for sure, in these “trending” times what it meant to be called “old school,” so I looked it up.

A google search of the phrase old school shows “Old school means something close to old-fashioned, but it is a term with more pride behind it.”  If someone says, “you’re old school,” they’re saying you do it like it used to be done, which you believe was a better way.”

I agree with the Googles definition of “old school.” I will accept being called “old school” because how we managed our businesses in the past was a better way. It was better because we did not let the client dictate our company policies. We created and managed our company procedures and yes, we set our fees. If the client did not agree to our fees, the client simply called the other guy. (emphasis on simply).

The subject of the ARA Zoom was about the cost of verifying and/or accessing real time license plate information on repossession assignments. The primary talking point during the ARA zoom was the fact that repossession agencies are paying thousands of dollars per month to data brokers or State DMV’s for up-to-date license plate information, and how those cost could be converted to safety policies and procedures.

What lead to me being referred to as “old school” was when I asked the question, “try this simple solution, why don’t you just tell the client or forwarder that you will not accept the assignment if the up-to-date tag info is not included with the repossession assignment?”  This forces the client to absorb the charges affiliated with obtaining real time license plate information. It is a simple solution.

At the top of this page, I write, “we must first ask the right question” I thought, and I absolutely believe, during the ARA Zoom, I had asked the right question, and the second part of my question was my comment was, “I can’t believe the recovery agent owner does not have the guts to manage their own company policy on repossession fees.”

My comment was meant to be a slight nudge on the shoulder of the agency owner, to stop the clients and forwarders from setting the repossession fee and fees charged for ancillary services. If I hurt your feelings by saying this, toughen up cupcake. You are in the repossession business; you are not a Starbucks employee.

My old school solution is not so old school at all, and the reader should not take offense when I refer to the solution as “simple,” but as much as I do not want to quote that guy from California, in his words, “Its true…because it’s true.”

Clients and repossession assignment forwarders will never take on any additional cost until their repossession vendor challenges them. The challenge will be to deny the repossession assignment until real time license plate information is included with the recovery assignment. With this said, emphasis must be placed on the term real-time license plate data. Old license plate information, even information that is just a week old creates challenges. There are many examples of a lienholder losing his rights to a vehicle because the mechanical or storage liens is voided or transferred.

One must consider how many wrongful repossession lawsuits have been filed in the last few years because of liens becoming invalid and the lienholder failed to take notice of a certified mail notification.

Clients who provide your company with up to date, quality information are valued clients. Clients who do not are a waste of valuable time and resources. Allowing a bad client to go elsewhere for their recovery needs may be the best decision you could make. Why not let the client waste the time of your competitor?

ARA President Vaughn Clemons said it best, “sometimes less is more.” I agree.

When recovery agency owners stop letting clients and forwarders manage their businesses, then repossessing collateral will again become a profitable business, as it was “back in the day.”

 

It’s True…Because It’s TrueMark Lacek, an old school guy.

https://marklacekexpertwitness.com/

https://www.linkedin.com/in/mark-lacek-222905b

“Protecting the American Consumer With Professional Service
Commercial Asset Solutions
Ph. 407-948-7087

https://www.CommercialAssetSolutions.com

 

More From Mark;

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Wrongful Death Lawsuit Filed in Repo Murder https://curepossession.com/wrongful-death-lawsuit-filed-in-repo-murder/ Wed, 28 Feb 2024 04:23:49 +0000 https://curepossession.com/?p=28544 Wrongful Death Lawsuit Filed in Repo Murder Huntsville, AL – February 27, 2024 – Back...

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Wrongful Death Lawsuit Filed in Repo Murder

Huntsville, AL – February 27, 2024 – Back on December 13th of 2023, the Alabama repossession and tow community were rocked by the senseless murder of 38-year-old repossession agency owner Jayson Click. While his accused killer is still pending trial, his widow is taking matters in her own hands.

Wrongful Death Lawsuit Filed in Repo MurderAccording to court documents obtained by WAFF news, Jayson’s widow, Ann Click, is suing accused murderer, 47-year-old Warren Siao. The lawsuit claims that Siao was negligent and reckless when firing a weapon at Click as he was in the process of a lawful repossession at his home.

As previously reported, in a preliminary hearing before a Madison County judge on January 3rd, responding detective Joshua Moseley reported that Siao told him that he was in bed when he heard his dogs barking at a commotion outside. Upon getting up to investigate, Siao claimed that he saw what he thought were two people trying to steal his car.

Wrongful Death Lawsuit Filed in Repo Murder
Jayson Click

The two people turned out to be Jayson Click and a fellow repossessor who were attempting to repossess Siao’s car. Mosley testified that Siao admitted in his interview with him that he had a three-month gap in employment and was behind on car payments.

Detective Mosely further testified that both Click and the other man had attempted to knock on Siao’s door twice before their attempt to tow Siao’s car. However, according to their interview with investigators, neither Siao or his wife claimed to have heard them.

Mosely testified that Siao admitted to firing five to six rounds when he saw the two men taking his car but claimed that he only intended to scare them.

38-year-old Jayson Click, owner of B&S Collateral Recovery, was struck by one or more of these rounds and died on the scene.

Wrongful Death Lawsuit Filed in Repo Murder
Siao inn his court appearance

It was testified that Siao admitted to calling 911. But not because he shot at the men, but for “backup”.

Upon the conclusion of Detective Mosely’s testimony, Judge Rizzardi ruled there was sufficient evidence for Siao’s case to go before a grand jury.

Siao remains out of jail on a mere $60,000 bond.

 

Source: WAFF

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Officer Charged With Murder of Perkins During Repossession https://curepossession.com/officer-charged-with-murder-of-perkins-during-repossession/ Tue, 09 Jan 2024 05:21:23 +0000 https://curepossession.com/?p=28231 Officer Charged with Murder of Perkins During Repossession Morgan County, AL – Following a Grand...

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Officer Charged with Murder of Perkins During Repossession

Morgan County, AL – Following a Grand Jury indictment for murder, 23-year-old Decatur police officer Mac Bailey Marquette can be seen smirking in his mugshot before being released on a $30,000 bond. He stands accused of the intentional killing of borrower, Steve Perkins on December 29th.

Officer Charged With Murder of Perkins During Repossession
Former Decatur police officer Mac Bailey Marquette

Following months of investigations by the Alabama Law Enforcement Agency (ALEA) into the events that lead to the deadly officer-involved shooting, they finally presented their finding to the District Attorney’s office two weeks ago. They found that Marquette was the only officer that fired his weapon and stands accused of the charge of murder.

Morgan County DA Scott Anderson announced the indictment during a news conference last Friday and said, “the job now falls to me and my office to prosecute this case and seek justice.” Further adding, “It’s not easy for me to be in the position of prosecuting an officer, but in this circumstance, it’s the right thing to do,”.

According to the DA, four officers were present at the scene of the repossession on the night that Perkins was killed, but only one fired his weapon. Anderson stated that the grand jury cleared the other three officers of wrongdoing, and that he agrees with that decision. The city had previously fired three of the four officers for violating department policy and the fourth was suspended.

The named police officers involved were, Bailey Marquette, Christopher Mukkadam, Joey Williams and Vance Summers. Court records did not indicate if Marquette has an attorney.

 

The Shooting

As previously reported, 39-year-old father and borrower Stephen Perkins, was gunned down by officers from the Decatur Police Department outside his home on September 29 in Decatur, Alabama. Police claimed that a repossessor, later identified as employed by All Star Recovery, had previously attempted to repossess Perkins truck when it is alleged that Perkins pulled a gun on him. This resulted in the agent calling 911.

While police have yet to release police bodycam footage of the incident, video surveillance cameras captured from neighbors captured the moment Perkins was gunned down. A total of eighteen rounds were fired at him.

Video was also captured showing an agent from Allstar Recovery towing away Perkins truck as he laid dying just feet away. He begins leaving the scene after about 30 seconds into the video while officers can be seen still patting the dying Perkins on the ground behind him. Perkins’ final words were said to be ‘help.’

The video footage had triggered renewed outrage in Decatur at both the police department for allowing the repossession to commence and at All Star recovery whom local activist claim was a needless death. 

In the video, at Decatur officers can be seen standing over the body of Perkins in his front lawn after gunning him down. At the same time, the repossession agent can be seen towing away Perkins’ white GMC Sierra.

The Decatur Police only made things worse when they admitted to reporting a crucial piece of their original allegations that Perkins had been told to drop a gun that he’d been holding but had refused to follow the orders to do so.

Decator Police Chief, Todd Pinion later said Perkins had been ordered to ‘get on the ground’ by officers who’d identified themselves as police. Video evidence showed that officers opened fire before the final order was given when Perkins pointed his flashlight reportedly attached to his pistol. The omission of this critical detail created a firestorm of outrage and suspicion by neighbors and the community.

The Aftermath

Officer Charged With Murder of Perkins During Repossession
Perkins brother after PenFed Credit Union released Steve Perkins truck to him.

The city of Decatur became a flashpoint for protests and demands of immediate action. One such demand was for a law to be created making it illegal to repossess after dark. But the first solid action taken was from the Perkins family themselves.

On December 12th of 2023, The Stephen Perkins’ families attorneys have filed a federal lawsuit against the City of Decatur and the involved officers over the police shooting of borrower, Stephen Perkins on September 29. Named in the wrongful death claims are one of the largest credit unions in the nation, the repossession agency and the two agents allegedly involved.

The Perkins families’ attorneys released their court filing to the local press which reports numerous claims against the defendants. Reported in the lawsuit are unfair debt collection claims.

Named in the lawsuit are the Lender, Pentagon Federal Credit Union (PenFed), America’s second-largest federal credit union, serving over 2.9 million members worldwide with $35.4 billion in assets as of November 1, 2023, according to their website.

Allstar Recovery and the named repossessors involved in the incident were named as Caleb Combs and Richie Brady.

Officer Charged With Murder of Perkins During Repossession
Steve Perkins and family.

The Perkins family attorney’s lawsuit goes on to argue that the tow truck driver, identified as Caleb Combs, should have known he “lacked legal authority” to repossess Perkins’s truck. It contends that after Perkins objected to Combs’ attempt to repossess the truck, Combs left.

Decatur Police were called, and the officers responded to the scene of the where the shooting later occurred. The lawsuit then claims that the four officers “entered into an agreement” with Combs and Richie Brady to return to Perkins’ home and repossess the truck.

The attorneys claims include allegations that the City of Decatur violated Perkins’ civil rights claiming that Decatur maintains a policy and practice of rewarding officers who “engaged in more invasive citizen interactions” with better pay, promotions and assignments.

“The effect of Defendant City of Decatur, Alabama’s policy, practice, or custom, was to encourage their police officers to escalate officers’ use of force during citizen interactions,” the lawsuit states. “A further effect of this policy, procedure, or custom was to promote the use of excessive and unconstitutional force against citizens during arrests and other citizen interactions.”

The Perkins’ family attorneys did not name a specific amount that the family is seeking saying; “There is no numerical amount that will do justice for the family,” Attorney Lee Merritt said. “We do intend to pursue an outcome that will be crippling to the City of Decatur.”

 

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2023 – A Year in Review https://curepossession.com/2023-a-year-in-review/ Wed, 27 Dec 2023 02:26:02 +0000 https://curepossession.com/?p=28164 2023’s Top Stories 2023 was a very eventful year for the repossession industry. And while...

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2023’s Top Stories

2023 was a very eventful year for the repossession industry. And while the last six months of 2023 was the deadliest period of time in the history of the industry, there was a lot more than just that catching your attention. Looking back at the year, we thought it worthy of looking back at the year’s top ten stories.

The following top 10 stories list is based solely upon the number of clicks on the stories and not by an preference of my own.

Number 10 – Repo Agent Murdered in Chicago

Repo Agent Murdered in Chicago

With 7 repossessors murdered in 2023, it should come of little surprise that some of the top stories of the year involved these. But the fifth agent killed this year was especially tragic.

On October 6th, 28-year-old Jack Jacobson of Northwest Recovery had just repossessed a black Land Rover without incident and the borrower even gave him the keys. Moments later, he was ambushed by a group of unknown people who fired a reported fifty rounds at him. Seven struck and killed him.

It was about 1:30am when Jacobson was found murdered in his bullet riddled tow truck on the 200 block of West Fifth Avenue with the repossessed Rover still attached. Multiple calibers of bullet casings littered the ground near the scene.

Adding to the tragedy, Jack and his fiancée were holding a baby shower the following day to celebrate his first child and were soon to be married. As is the sad tradition, funds were raised to cover funeral expenses and a tow truck procession in his honor was held. None of which can heal the loss to his family, friends and coworkers.

No arrests have been announced in this case and it is suspected to be a random gang shooting. An issue you will hear about again later in this article.

 

Number 9 – Jamie King Repo Shooting Trial Begins

Jamie King Repo Shooting Trial Begins

Back in September, we followed up on the trial of the alleged shooter of Jamie King, an adjuster for International Recovery Systems (IRS) of Philadelphia in May 2022. Jamie was shot in the head and stomach causing injuries that put him in critical condition.

While Jamie struggled on the long road to recovery, the accused shooter managed to avoid arrest until July of 2023 when Marshals arrested 24-year-old Jabril Ali in Philadelphia. Authorities reported that Ali attempted to jump from the back window of the house he was hiding in but was surrounded by federal agents and apprehended.

Ali has been charged with attempted murder and held on a $1,000,000 bond. He was scheduled to be formally arraigned on October 3rd and there has been no further word of the results of the trial.

Jamie and his family have since left the repossession industry and Philadelphia for Florida. Jamie still struggles with his recovery.

 

Number 8 – Wrongful Repossession Death Lawsuit Names Massive Credit Union Lender and Agents

Wrongful Repossession Death Lawsuit Names Massive Credit Union Lender and Agents

Back on September 29th, officers of the Decatur, Alabama Police Department responded to a report of a gun drawn at agents during a repossession attempt. Placing themselves in strategic positions around the alleged suspect’s home, they assisted the repossession agent(s) to make another attempt to repossess the borrower’s truck.

With scant time to respond to officers demands to drop his weapon, 39-year-old borrower, Stephen Perkins was gunned down.

What followed was a prolonged internal police investigation and a complete refusal to release police body cam video. But the police were not the only ones with cameras. Neighbors began releasing Ring door cam video that exposed inconsistencies in the police statements and showed a repossession agent pulling away with the repossessed truck even while Perkins laid dying in his own front yard.

Frustrated in what they’d seen and a lack of action by the city, the people of Decatur took to the streets demanding action against the officers and a full release of the results of the internal investigation. There were protests and there were arrests as well as a call from some prominent leaders in the city demanding a law be created to make repossessions after dark illegal.

On December 12th, attorneys representing the family of Stephen Perkins filed a lawsuit against the city, the officers, the repossession agents, the repossession agency and the lender. All of whom were finally named.

For a lender or a repossession agent or agency owner, this is one of the worst things that can happen. No one comes away feeling good about this no matter how many millions they pay to settle it.

 

Number 7 – The Good, the Bad and the Ugly of a Packed Repo Lot

The Good, the Bad and the Ugly of a Packed Repo Lot

On a less somber topic, on September 1st, we published a guest editorial by one of the industry’s best data driven leaders and writers. Jeremey Crosses editorial “The Good, the Bad and the Ugly of a Packed Repo Lot” echoed an issue caused by lenders and forwarders refusal to pay for vehicle storage; lots too small to handle today’s huge volume of repossession activity.

As usual, Jeremy articulates with great specificity how the stagnant fees and lack of storage fees has prohibited his, and many other agencies, from growing their companies to accommodate the current volume of repossession not seen since the early 2010’s.

Having to cease all repossessions for even a night is a sign that the business model just isn’t working. And that’s just what Jeremy reported having to do. And Jeremy is not the only one to make the top ten for these very same reasons, but we’ll get to that shortly.

 

Number 6 – Former Repo Industry Executive Arrested on Charges Indicative of Child Sex Trafficking 

Former Repo Industry Executive Arrested on Charges Indicative of Child Sex Trafficking

Sitting in the number seven spot for most read stories of the year is one that caught us all off guard. On September 10th, we reported the arrest of veteran repossession industry executive and software pioneer, Jeffrey Koistinen at LAX.

He was arrested on charges of child sex trafficking. He was denied release and ordered to remain in detention pending trial over allegations that he posed a flight risk.

Jeff had a long and storied history in the repossession industry since late 1980’s when he started as an adjuster in San Diego. He later rose to higher positions with companies ranging from RDN to MBSi and others.

His arrest topped a tragic two years from him and his then wife who had lost their 17-month-old child Liam by abuse in the hands of their daycare giver Amanda Walder who later plead guilty.

Many of us have known Jeff professionally and around the repo conference circuit. His arrest came as a shock for most, if not all of us. Jeff is presumed innocent until proven guilty.

 

Number 5 – Borrowers Forced to Wait Weeks to Pick Up Personal Property from Repossessed Vehicles

Borrowers Forced to Wait Weeks to Pick Up Personal Property from Repossessed Vehicles

Sitting in the number 5 spot is a story that dovetails into our number 7 story from Jeremy Cross. While it’s easy for anyone with an unobjective eye to look at the situation and lay blame on the repossession agency for this problem, it’s not that simple.

The reported agency was blindsided by a news crew and politicians that put them in the spotlight. To their credit, they did not deny that there was a problem. They addressed it professionally.

Theirs is a problem few in the industry would have the guts to admit. They’re overwhelmed with personal property appointments and storage lots packed to their limits. These issues are really a simple matter of a problem created by rising repossession volume and the services that neither lender, forwarder or borrower pay for.

As I’d written about earlier, the industry is at the Breaking Point. Repossession fees have barely risen in twenty years and at least twenty-five percent of the repossession industry closed their doors during the pandemic.

2023 has shown increases in repossession volume unseen since the tail end of the Great Recession and there’s no signs that it is about to let up anytime soon. While not everyone will fall victim to such public scrutiny, many if not most, agencies will find themselves suffering similar symptoms of fee structures that are insufficient to accommodate necessary growth.

 

Number 4 – Relentless Recovery Enters into a Settlement Agreement with Digital Recognition Network

2023 - A Year in Review

There are two sides to every story. But Relentless Recovery of Ohio’s story was more popular than Digital Recognition Network’s (DRN). At the heart of the story was resolution to a lawsuit filed against them by DRN over breach of contract.

In October 2022, Relentless Recovery provided written notice to DRN that it was terminating the License Agreement and began doing business with Insight LPR.

On December 30, 2022, DRN filed a lawsuit against Relentless Recovery in the U.S. District Court for the Northern District of Texas, Fort Worth Division, asserting a cause of action for breach of contract based upon violation of the Non-Competition Provision.

On October 26, 2023, Relentless announced that it had entered into a settlement agreement with Digital Recognition Network, Inc. (DRN), now a subsidiary of Motorola Solutions, to terminate its license agreement. The landmark settlement eliminated their non-competition agreement.

It is no secret in the repossession industry that there is a great deal of dissatisfaction with DRN and their non-competition clause that prohibits agencies from entering into LPR data agreements with other LPR service providers.

Days later, DRN provided more details about the settlement in their own press release titled; DRN Release on Relentless Recovery Settlement Agreement. Within, they illustrated the cost of Relentless’ freedom from their contract, which was not cheap. Regardless, a path from their contractual bondage has been shown and I suspect that there may be more efforts by agencies to free themselves from them. 

 

Number 3 – ARA Past Due Forwarder Invoice Survey Results

2023 - A Year in Review

Over the years, the complaint about repossession forwarding companies billing practices has been never ending. While some forwarders made improvements to their processes, others did little to improve their reputations amongst their agency partners.

In August, Vaughn Clemmons, President of the American Recovery Association (ARA), launched an agency owner directed poll through CURepossession to gauge the performance and reliability of various forwarders. On the 14th, he released the results.

Needless to say, there were some forwarders who were not pleased. Vaughn heard from these companies and conversations were had, which was his intention after all. Whether or not any major improvements in the polled issues have been made is hard to measure, but the outcry has diminished, for now.

 

Number 2 – Repo Agent Murdered in Compton

Repo Agent Murdered in Compton

Murder number 6 of the year came from the gang infested city of Compton in south central Los Angeles. On December 13th, 17-year veteran repossession agent Blaine La Prairie was gunned down outside of his truck during a repossession.

He was pronounced dead on arrival at the hospital after being found with a gunshot wound to the torso. Blaine was a family man and a longtime employee of Nations Recovery of El Monte, California where he worked with his older brother Ryan.

Ryan later told reporters that on the night that Blaine was killed, he had traveled to Orange County for a repossession assignment while Blaine headed to Compton. Ryan confessed that he now lives with guilt over not taking the South L.A. assignment that Blaine was killed on that night.

“I can’t believe he’s gone,” Ryan said tearfully in the interview. “I really can’t. And I don’t know what I’m going to do about it. I don’t know how I’m going to get by. I go to sleep crying and I wake up and realize what’s happening and I go and cry again.”

Just as previously mentioned in the Jack Jacobson story; in this case as well, there have been no arrests and no suspects named. It is also suspected to be a random gang shooting.

Less than 24-hours later, the 7th agent of the year was killed in Alabama. While his story did not make the top ten for the year, it was equally tragic.

 

Number 1 – AFA Critique of New ARA Legislation

2023 - A Year in Review

If not for being overshadowed by the explosion in repossession violence, 2023 could have been known as the year of the state repo associations. Most vocal and strongest of these was the Alliance of Illinois Repossessors, who in August celebrated the passage into law of a data privacy law they had helped author and lobby through the legislative process.

Initially applauded by the Allied Finance Adjusters, in fact even before publicly announced, after the dust had settled, they found issues with it stating that the legislation, considered to be a “template” for other state associations to follow, “is a very bad piece of legislation that should not be enacted, passed or enforced by any state government.”

In great detail, they spelled out numerous objections to the Illinois legal template, but perhaps the most pointed was in relation to the data privacy law itself, which they claimed “…requires an enormous new obligation while circumventing the possibility that the repossession business can get paid for taking on that obligation.

Perhaps their most pointed objection to the law was articulated near the end of the editorial where they pointed out the laws “requirement that every repossession business in the state would have to utilize “a standardized electronic solution that has been approved by the American Recovery Association…”

In question was the American Recovery Association recent announced a “partnership” with Privacy4Cars, the only such provider of these services approved by the ARA. This brought to question the availability of this service for a competitor that is not a “partner” with ARA to be approved by them.

It is a well written beast of an editorial. While usually only silently simmering, the AFA and ARA do bump heads on occasion and this was a prime example.

Was this worthy of being the top story of the year? I guess so, it was the most read by the readers. I didn’t pick it and am actually a little surprised.

 

Goodbye 2023

Like many, if not most of you, I don’t necessarily agree with this list, but like I said in the number 1 article closing, these were the most read stories of the year. I didn’t make it up.  

This decade has given the repossession industry some tough years. And while pandemic shut downs and low repossession volume strangled the life out of it for the first two years, 2023 gave it new life.

That statement itself is almost ironic, due to the increased repossession activity that spawned the “life” has also spawned the deadliest year in its hundred-year history. Equally disturbing is the fact that the killing didn’t start until July and has only worsened since with two killed in a 24-hour period.

It is no secret that the act of repossessing collateral is dangerous. But what we’re seeing now is a new level of violence. It’s never been this bad.

I wish I had an answer to end this, but I don’t. I can only pray that you all do everything you can to keep your staff and yourselves safe. I’ve said it a thousand times and I’ll say it a thousand more; no car is worth dying for. Let us all pray that this unprecedented rash of violence eases and that 2024 provides a safer and more profitable year for everyone.

So, as we celebrate the oncoming new year and all of the hope that it brings, do not forget the lessons learned from the year that has passed. Do not forget to tell those closest to you that you love them. You may never get another chance.

To all of you, I thank you for another big year at CURepossession. I sincerely appreciate all of your support. Your editorials and submissions have always been the heart and soul of this site and you all helped make 2023 our biggest year yet. I would also like to thank our advertisers, without whom this site would not even exist.

I am blessed to serve you all and grateful for your support. Thank you all again.

 

Happy New Year!

Kevin Armstrong

Publisher

     

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