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Car Repo
(1) I have heard of them cutting the lock off the garage, so picking the lock is not out of the realm.
(2) B&P Code 7508.2(g) it is a prohibitive act for which the director (?) may assess a fine.
(g) Unlawfully entering any private building or secured area
without the consent of the owner, or of the person in legal
possession thereof, at the time of repossession. The fine shall be
five hundred dollars ($500) for each violation.
Marvin Mann
Redondo Beach, CA
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Was he a California Franchise Tax Board representative?
Wouldn't surprise me if he rummaged through the trash while he was there to see if there was any evidence of assets.
A guy in Nevada sued the FTB for doing this. Case went to the Supremes in Washington who recently upheld the right to sue the FTB in a Nevada state court.
Last week I finished a similar case with the FTB. They decided that they didn't want their day in court in my case, however, and instead preferred a zero recovery.
Wild bunch! There was an article in Forbes recently which discussed the case and characterized the FTB as the Gestapo.
The funniest case I ever saw, though, in collection terms, was in 1969 when I was in Reno and the IRS levied on Charlie Steen's kid's monkey and it was kept at the District Director's office for a couple weeks. Charlie had one of the more notorious bankruptcy cases of his time going on also. The most notorious at least until Joe Conforti's Reno Mustang Ranch case came along and the IRS took that by levy and actually ran it until the newspapers went nuts writing about how the IRS was running a house of prostitution. I was the law clerk for the US District Judge in Reno at the time and I had a great time talking with the federales about their per-(pro)secution of Joe. They had an IRS agent on site doing a towel count every day reconstructing his take to prove he was understating his income.
Elmer Dean Martin III
P. O. Box 4670
Diamond Bar, CA 91765
909 861 6700
elmer@bankruptcytax.net
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I would consider that a "breach of the peace" and forbidden behavior by a
repo guy - not to mention breaking and entering. See Commercial Code
Section 9609.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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In a message dated 1/26/2009 3:35:15 PM Pacific Standard Time,
DavidTilem@TilemLaw.com writes:
Anyone ever heard of a car repo where the guy uses a ring of skeleton keysto try to open a locked garage? Is this legal?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, , G, ,
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Anyone ever heard of a car repo where the guy uses a ring of skeleton keys
to try to open a locked garage? Is this legal?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
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Message
Anyone ever heard of a car
repo where the guy uses a ring of skeleton keys to try to open a locked
garage? Is this legal?
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.