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mjerue

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  1. mjerue

    Who's liable for injuries

    During the repossession of my vehicle. I jumped onto the back of the tow truck while it was hooking up to my vehicle. The tow truck starting driving away with me still on the back. I started yelling for driver stop, It came to stop in about 5 or 10 seconds. I jumped off the back of the tow truck injuring myself. The repossession was illegal because in was done under my protest and the police where called to the scene. With the police involvement with the matter a Breach of Peace has now occurred. Now making the repossession illegal in california. With the repossession illegal and my action of jumping on and off the tow truck. Can hold the repossession company liable for my injuries.
  2. mjerue

    wrongful repossession

     In response; I believe that there was a Breach of Peace once I had resisted the repossession and state had no right to remove me from property. I base my opinion upon these facts, The California Commercial Code provides a right of repossession for secured creditors.  Section 9609 states that “[a]fter default, a secured party may ․ [t]ake possession of the collateral ․ [w]ithout judicial process, if it proceeds without breach of the peace.”  CAL. COM. CODE § 9609(a)(1), (b)(2).   The California Business and Professional Code states that, ith respect to vehicles, “a repossession occurs when the repossessor gains entry to the collateral.”  CAL. BUS. & PROF. CODE § 7507.12. However, police who aid a self-help repossessor may be liable under Section 1983, not only when there has been an actual “taking” of property by a police officer, but also when the officer assists in effectuating a repossession over the objection of a debtor or so intimidates a debtor as to cause him to refrain from exercising his legal right to resist a repossession.   While mere acquiescence by the police to “stand by in case of trouble” is insufficient to convert a repossession into state action, police intervention and aid in the repossession does constitute state action. Harris v. City of Roseburg, 664 F.2d 1121, 1127 (9th Cir.1981).
  3. Here’s my statement of accounts that happened before, during and after the repossession of my vehicl e. On March 26th just before 1am I drove to 7-11 in my 2012 BMW 328i to buy milk for my 14-month son. After purchasing milk, I headed back home, and my car suddenly shut off as I was going through the intersection of Mission Blvd (Hwy 238) and Niles Canyon Road (Hwy 84-traveling east bound on Niles Canyon Road.) I coast off the road about 100 yards east of the intersection. I tried to start the car about 3 or 4 times but, the starter was not working. I was really had no idea what was wrong with my vehicle. I walk back to 7-11 and called my wife (1:15am) to let her know that I had broken down. She didn’t answer and could only leave a message. When walking back to vehicle a tow truck passed my vehicle and headed up Old Canyon Road. I really hoping they would come back, so that could get some help with my vehicle. About 10 to 15 mins later (appx 1:30am) the tow truck returned and pull behind me. I exited my vehicle to communicated with the tow truck driver and the tow truck continued to back up and the tow truck started to lift the rear of my vehicle. I started yelling STOP, STOP! My vehicle kept going up and my car door was still open, so i got back in and I shut and locked my doors. At this point I was in fear of my safety, so I pushed my onboard SOS button that communicates with Emergency Dispatchers. It would not work and then two men exited the tow truck and approach my vehicle at both drivers and passenger windows and one of the men started demanding me to get out that my car; That my vehicle has been repossessed. I replied; I would not, and the police were on the way. This continued for about 5 to 10 mins and when a police vehicle arrived they stopped and started walking towards their vehicle or the police vehicle. I could see anything because of the spot light of the police car was pointed at my vehicle. I remained in my vehicle, waiting for the police to come talk to me. It seemed like a long time had passed (5mins) and the police still hadn’t come talk to me. I rolled down my windows and stuck my head out and said; Officer could you, please come talk to me! Then one of the officers replied for me to show my hands and to keep them outside of the window. Then I he said; he was going to give direction on how I was going to exit the vehicle. They had open the door from the outside and keep my hands above my head and walk backwards until he said to stop. I did exactly that and they place handcuff on me and told me that I wasn’t under arrest at this time but, I was being detained. My view was clear now and there were four officers, maybe 5 had the weapon out and two of them at automatic rifles. I explained that I was in the vehicle when they tried to take my vehicle with me inside of it and the threats they had made towards me. He replied; what did you throw out of the window. I replied; I don’t know what you’re talking about. Three officers were searching in the field beside us. Then office holds up something that look like a cell phone and asked is this your scale. I replied; NO and let’s get back to the attempted theft of my vehicle. He replied; What kind of drugs do you use. I replied; No. The officer then asked; where do you live? I replied just down the street. He told that the tow truck was leaving with my vehicle and when they are gone, I would be uncuffed and that I needed to go home. I asked; if he could at least get my milk out of my car for me. The tow truck drove off with my vehicle and was uncuffed and given the milk and then I started walking home.
  4. mjerue

    wrongful repossession

    What laws and civil right where violated?
  5. My vehicle was repossessed during a Breach of Peace. When driving my vehicle it became disabled and came to a stop on the side of the road. With in minutes the repo man arrived at my location. He fully hooked up my vehicle with me inside and threaten me to call the police and that I would be arrested if I didn't exit the vehicle.. The police where called by the repo agent. When the police arrived on scene I remained in my vehicle while they talk to the repo agent. Then my car was surrounded and I was removed at gun point by the police and handcuffed. The repo agent had told the police that I had made vague threats to having a gun and might shoot him. I had not made any such remarks to the repo agent. This was false statement by the repo agent to the police. The police search me and my vehicle and did not find any firearm or weapons. The police told me that my vehicle was being lawfully repossessed under my protest and that I would be release once the tow truck had left the scene.
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