Bike Repo'd By Mistake!!!
#171
02-01-2019, 02:40 PM
Finally after 8 1/2 months of crap, I was able to get my day in court. The judge awarded me $7800 in damages. $5300 in repairs and $2500 in loss of use. Now I still have to see if the company will pony up without me having to take this further. They have 21 days from the judgement to file an appeal bond, which is twice the judgement amount, approximately $15,000 if they want to take it to another court.
There were here a lot of roadblocks put up. The repo company name was a DBA status, doing business as “Countrywide Asset and Auto Recovery of Houston” and also “CAAR of Houston” but really named “Auto Recovery of Houston”. They refused to return any calls and declined all 3 certified letters I sent. When I had to contact their Registered Agent to pursue any restitution, I found out they were hiding behind the DBA still. The Registered Agent for Countrywide informed me that they weren’t associated with Auto Recovery of Houston, and nudged me in the right direction by giving me their correct name. This started the ball rolling.
Its been a long ordeal, hopefully it’s nearing the end.
There were here a lot of roadblocks put up. The repo company name was a DBA status, doing business as “Countrywide Asset and Auto Recovery of Houston” and also “CAAR of Houston” but really named “Auto Recovery of Houston”. They refused to return any calls and declined all 3 certified letters I sent. When I had to contact their Registered Agent to pursue any restitution, I found out they were hiding behind the DBA still. The Registered Agent for Countrywide informed me that they weren’t associated with Auto Recovery of Houston, and nudged me in the right direction by giving me their correct name. This started the ball rolling.
Its been a long ordeal, hopefully it’s nearing the end.
The following 11 users liked this post by Wampuscat:
BelchFire (02-03-2019),
cficole (02-02-2019),
Fat_Boy (02-02-2019),
mctraveler (02-02-2019),
Nickatnyt (02-03-2019),
and 6 others liked this post.
#172
02-01-2019, 02:53 PM
Seasoned HDF Member
#173
02-01-2019, 02:59 PM
Join Date: Aug 2008
Location: Lafayette, Louisiana
Posts: 21,758
Received 14,172 Likes
on
6,217 Posts
The following 2 users liked this post by Prot:
RandyL (02-03-2019),
soldierbot (02-02-2019)
#176
02-01-2019, 03:39 PM
If the repo mans intent was to lawfully repossess a certain motorcycle and he hooked the wrong motorcycle, in Texas that is not theft. No D.A. would touch this if the the driver had his paperwork in order and clearly recovered the wrong motorcycle mistakenly. The State would have to prove in a court of law that he Knowingly took the wrong bike, Willingly took the wrong bike or Intentionally took the wrong bike. Additionally, the State would have to prove that his intention was to deprive the wrong owner of said motorcycle. Any vehicle placed in repo status by the lien holder no longer belongs to the owner and the contract is null an void. In the OP's case, there is clearly wrongdoing but it has yet to be confirmed if it was criminal wrongdoing. This is the purpose of documenting the incident with the local P.D.
This is a civil case until there is probably cause to indicate the repo man stole the mans bike. You just can't have people arrested and thrown in jail based on feelings of what should be done. Criminal elements have to be accepted by the District Attorneys office before charges are filed. I know it doesn't happen that way on TV or in the movies but this is reality. Its sucks that the OP's bike suffered damage, the repo company clearly owes restitution which they will most likely fight in civil court. This is what you pay insurance for, they have the deep pockets to recover their losses after they have satisfied your loss.
The whole thing sucks but life often does. Its just a speedbump. Document with police, notify your insurance, get the bike fixed much sooner than hiring an attorney and paying out of pocket expenses. You already have attorneys on retainer who work for your insurance company.
This is not rocket science. Its basic criminal vs civil justice.
This is a civil case until there is probably cause to indicate the repo man stole the mans bike. You just can't have people arrested and thrown in jail based on feelings of what should be done. Criminal elements have to be accepted by the District Attorneys office before charges are filed. I know it doesn't happen that way on TV or in the movies but this is reality. Its sucks that the OP's bike suffered damage, the repo company clearly owes restitution which they will most likely fight in civil court. This is what you pay insurance for, they have the deep pockets to recover their losses after they have satisfied your loss.
The whole thing sucks but life often does. Its just a speedbump. Document with police, notify your insurance, get the bike fixed much sooner than hiring an attorney and paying out of pocket expenses. You already have attorneys on retainer who work for your insurance company.
This is not rocket science. Its basic criminal vs civil justice.
#177
02-01-2019, 04:43 PM
Seasoned HDF Member
#178
02-01-2019, 04:46 PM
Join Date: Jan 2011
Location: Southeast Michigan 15 Minutes East Of Hell
Posts: 147,601
Received 47,790 Likes
on
18,560 Posts
#179
02-01-2019, 04:57 PM
Outstanding HDF Member
The following users liked this post:
Tony P (02-03-2019)
#180
02-01-2019, 05:31 PM
The owner of the business will close shop, file bankrupt, naming you as a creditor, and get off scott free from paying you. He will then open another business recovering cars, trucks, and motorcycles. I hate to say it, and I feel for you, but this is how it's done nowadays. Getting a judgement doesn't mean squat. All it says is that this guy owes you money. Recovering i is a whole different ballgame.
The following users liked this post:
TwiZted Biker (02-02-2019)