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Lawsuit headed to court

Man: Police, county violated civil rights

February 19, 2014

AMSTERDAM — A town man who says the Montgomery County Sheriff’s Department violated his civil rights when he was arrested while trying to keep his vehicle from being repossessed will be allowed to......

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Gofigure

Feb-19-14 12:14 PM

Isn't the best way to keep something from being repossessed paying the monthly bill on it?

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SteveC0625

Feb-19-14 12:35 PM

Gofigure, you are basically correct. However, it usually takes many months in arrears on payments before finance companies will initiate the repossession process. And they give the borrower ample notice and opportunities to work out a payment plan. As pointed out, it also takes a court order for the property to be seized. When I lived and worked in the Rochester area, repomen would contact the local police, show the court order and other papers, and give the police the vehicle info in advance. Sometimes the police would be on scene of a repo to verify to the borrower that the order is legit and to prevent violence on either side. Something in this situation just isn't right given the facts presented in the article. Apparently the judge thought so, too.

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notabovethelaw

Feb-20-14 12:02 AM

A repo order is signed by some financial institution employee sitting in an office, not by a judge. Repo agencies have to report a repossession to the local police, most report after the successful repo. If there is a confrontation, as in this case, then the financial institution can get a judge signed court order to repossess. If any police officer assists in the bank signed repossession order, they are doing nothing more than being a money/property collector for the financial institution, that looks like the case here. It sounds like the Federal Court Judge has some problems with the way police handled this as well. As much as I hate to say it, this looks like a clear win for Elmer.

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