Repo Man: Tales from the Road, Lessons for Life III

Road Rules - Part 1

Repossession agents really are more like privateers than pirates. We do the same kind of work, but we do it with the official consent of the powers that be. In this case, that means playing by the rules set down by the state, local, and federal governments.

Not all that long ago, an agent I knew ran into some serious trouble. It wasn't the business end of a gun, but it could have ended his career just as quickly. Nor was it the fangs of a guard dog, but its bite certainly hurt. It was worse than a breakdown, it was worse, even, than being sued.

What kind of monster could be so terrible? What diabolical entity could strike such fear into the modern Super-hero that is your friendly neighborhood repossession agent?

It's called the Fair Debt Collection Practices Act (FDCPA). Technically speaking, this law doesn't generally apply to the repo man, because he isn't there to get money from you. But it can come into play really quickly if the agent hooking up your car makes one tiny little mistake.

"Make your payment," he says.

If only he'd been more P.C...

While it is the literal truth - if you make your payments, you'll never see a repo man's face in the middle of the night - it is what I call a 'legally loaded' statement. From a legal standpoint, the repo man is only there to collect the collateral on a secured loan, not the past due payments that brought him there. If he makes so much as a reference to money, whether or not it was his intention to try to get a dime out of you, he instantly changes from a repossession agent to a debt collector, and that job has an entirely different set of rules.

He can say "Work things out with your bank," or "Call your bank," or even "I'm here to repossess your car for nonpayment." But if he says anything that might even hint that whipping out your checkbook might make the slightest bit of difference, he is now officially attempting to collect on the debt, not the vehicle.