Absolutely file some type of criminal damage to property report with your local pd. They were negligent in not making sure they had the right vehicle and since you were parked in a lot (read not the public way) you may have some teeth indeed in extracting a toll. I HATE tow/repo companies and drivers. I'm sure there are some ok ones, so don't get all wadded up if it's what you do, but this is typical of how they roll. They hook as quick as possible and get out of dodge with the vehicle so there's less chance of interaction. I can't blame them in part for that, but not being sure you have the right vehicle should put you on the hook (see what I did there) for compensation.

 

 

It sounds a lot like the ASSMAN episode of Seinfeld.

 

Just let your insurance company handle it. Relax and make sure they replace everything
damaged. Then your insurance company will go after them. It would fall under theft recovery .Make sure you file theft charges against the repo company,they are not protected by law.

 

Insurance company will probably handle the property damage...

For the psychological damage... SUE! Claim PTSD or something...

 

I would definitely be looking into who made the mistake, was it the the repo company not verifying SN or was it the finance company putting an order out by mistake. Someone should be on the hook for the bill

 

What was the tow driver’s reaction when you talked to him??

 

My first call would be to my lawyer

 

In Texas this will probably end up being a civil deal but certainly warrants an offense report with your local LE office. They would most likely title the report "Investigation Patrol" or "Investigation Auto Theft". Either way, an investigator will look into the incident on your behalf. For an auto theft charge the elements of Knowingly, Willingly or Intentionally are applicable. Bear in mine all three elements are not required. If the plate was reported falsely as a repo by the finance company its a whole different ballgame. Any damage during a repo is a civil nature. Usually, once a vehicle is repossessed the original owner never attempts to re-claim the vehicle due to being so far behind on the payments anyway.

The strange element here is this. Normally once a repossession hit is placed on a vehicle, only the finance company or the wrecker service contracting for the finance company know about the repossession. The "hit" is not entered in the TCIC/NCIC database. I know of no repossession vendors in the Harris County or surrounding counties who have cameras mounted their trucks out there looking for vehicles to repossess. The drivers have the documents in their possession to re-claim any vehicle they are looking for with every objective. Repo-men usually operate in stealth mode and attempt to take custody of the vehicle without confrontation. Them taking your vehicle by mistake by not confirming the VIN is the same situation as the Police kicking in the wrong door with a search warrant.

This deal just doesn't pass the smell test. One of two things probably happened here. Either the repo man accidentally took the wrong bike or he intentionally took (stole) your bike while having papers in his possession and in the process of another repossession. These wrecker drivers are in the loop with the chop shops. Its a great defense if caught with the wrong bike to be able to state he simply mistook your bike for the wanted bike. Of course it makes him look stupid however, that is not his concern and its all about money.

Years ago this would have been a case for Marvin Zindler on Eyewitness news. There are other investigative reporters on the Big 3 networks in Houston. They get off on stuff like this, and get the quickest results. Calling a lawyer at this point will only cost you more money.

 

I'd definitely call the cops and report it stolen.