jgd@rsiatl.UUCP (John G. DeArmond) (10/30/90)
jet@karazm.math.uh.edu (J. Eric Townsend) writes: >The real question is, what can legally happen during a reposession? >If I don't pay my Visa bill for a while, can they (legally) come into >my house and take stuff? If I didn't want to let my creditor in, I would >assume there's some way to get an officer of the peace to legally force >entry so that repossesion could occur. (Something like having an OotP evict >a tenant.) <Caution: Your mileage will vary by state.> Repo law as explained to me by my attorney is interesting. For the sherrif to seize property, there must be a specific court order which is separate from a judgement or a default. However you as the creditor can do a lot if the debtor allows you to. Yes, that seems contradictory but that's the way it is. In Georgia and Tennessee, the two states I'm familiar with, one can do just about anything necessary to repo as long as it does not "disturb the peace". Thus, if I'm repo'ing your car, I can slip in under the cover of night and tow it right off. If you run out and object, I can continue as long as you don't make too much noise! If you resist, I can defend myself but I have to stop the repo. Likewise, If I knock on your door and you allow me to walk in and don't object while I load up all your possesions, I'm legal. There is no parity involved. I can take everything you've offered up as collateral (which in some case, can be everything you own.) for a small debt. In some instances, I don't even have to worry about who owns the property. For instance, if I'm repo'ing your office in settlement of a judgement, I can take everything in sight, including the leased desk, and the debtor is responsible. In the case of the software company involved here in this discussion, my opinion is that they are on very solid ground, assuming that they substantially met the specifications and lived up to the contract requirements. Software specifications can be rather nebulous, especially when the client is cheap and does not want to pay for a detail spec. This will certainly be an interesting case to watch. John -- John De Armond, WD4OQC | "The truly ignorant in our society are those people Radiation Systems, Inc. | who would throw away the parts of the Constitution Atlanta, Ga | they find inconvenient." -me Defend the 2nd {emory,uunet}!rsiatl!jgd| with the same fervor as you do the 1st.