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  • Locked Up Tight

    I have yet to come across this, but was wondering what the law would be if you had to repossess a boat and trailer and they had a pad lock on the trailer hitch so you could not hook up to it. Could you cut the lock off? Or say you go to repo a truck and its parked next to a tree and it has a log chain chaining it to the tree with a lock....what could be done about something like this? I would think that if you can't cut a lock off a gate to gang access to a yard with a car in it, then you could not cut the lock on the boat or the lock on the log chain.

  • #2
    Originally posted by Pobear View Post
    I have yet to come across this, but was wondering what the law would be if you had to repossess a boat and trailer and they had a pad lock on the trailer hitch so you could not hook up to it. Could you cut the lock off? Or say you go to repo a truck and its parked next to a tree and it has a log chain chaining it to the tree with a lock....what could be done about something like this? I would think that if you can't cut a lock off a gate to gang access to a yard with a car in it, then you could not cut the lock on the boat or the lock on the log chain.
    if its locked walk away

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    • #3
      Originally posted by CCAR.AL View Post
      if its locked walk away
      i second that unless the lock magically falls open in your hand with no witnesses mind you.

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      • #4
        Let ask the same question in a different way...

        The 40' reefer trailer you need to repossess has a king pin lock on it...
        can you remove the pin lock....yes.

        Honda civic you need to repo has all of its doors locked...you see the keys in the center console...can you unlock the doors...Yes.

        Getting back to your original question, can you remove the lock on the trailer....yes...you can pick it or cut it.

        If you cut it you would be responsible for damages...meaning you might have to pay for it.

        If you slim jim a door and bust the linkage...same thing...you would have to pay for damages.

        Removing a lock on a piece of equiptment is not the same as cutting a lock on a gate.
        A gate is curtilage and once locked it becomes a secure area clearly meant for all to keep out.
        A lock on a motorcycle wheel is not curtilage...it can be reasonably removed if there is no breach of peace of course.

        Once you violate the curtilage you open up the tresspassing doors. Not the same with unlocking a car door, removing a king pin lock or a trailer tongue lock. You would have no criminal intent.

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        • #5
          I had the problem once of a guy who threw a logging chain and lock around the axle of a truck and locked it around the tree. The fire dept came out it cut it because it was a fire hazard. Some thing to due with it being so close to the house - might have even been in a national forest.

          If you have some spare chains, you can hook the trailer with the lock attached and get it off the property. You won't due 15 miles an hour down the road, but in most states the vehicle is considered repossessed once it is off the debtor's property.

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          • #6

            Unlocking a unit chained up is not the same as "breaking and entering".I (used to) do alot of boats. I carry a couple sizes of these and a cordless drill/impact gun. Trailer tongue lock are usually pretty easy to pick, so that's the easiest,quickest way to get something unlocked.

            edit there was a picture of a trailer coupler on my original post.


            http://www.google.com/imgres?hl=en&client=firefox-a&hs=IQO&sa=X&rls=org.mozilla:en-USfficial&biw=1366&bih=604&tbm=isch&prmd=imvns&tbnid =TBvczosaF0INjM:&imgrefurl=http://www.bosunsupplies.com/products2.cfm%3Fproduct%3DS0265&docid=QR8nzELJ0TD0 KM&imgurl=http://www.bosunsupplies.com/images/S0265-0.jpg&w=500&h=291&ei=78q-T5yGJ9Hzgge7jKHGCQ&zoom=1&iact=hc&vpx=381&vpy=5&du r=28&hovh=171&hovw=294&tx=150&ty=105&sig=115617757 608615849535&page=3&tbnh=95&tbnw=164&start=38&ndsp =27&ved=1t:429,r:2,s:38,i:169

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            • #7
              Example: Boat and Trailer, Trailer was chained and padlocked to the barn, Repo man took pictures of lock and sent to creditor..Debtor told them to @$#$ Off your not getting the boat..Repo man takes boat and trailer anyway in the middle of night, next day the Debtor told the Creditor they broke the law, that the repo man could not cut the chain that was attached to the barn,its against the law, the Creditor asked the Debtor what are you talking about? They don't know of any locks lol Ooops

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              • #8
                Boat and trailer

                I had a repo order for a pickup truck. I found the pickup truck in the debtors driveway with a boat and trailer attached to the trailer hitch. there was a pad lock on the trailer locking it onto the trucks trailer hitch.

                I lifted the truck from the front and disconected the transmission linkage and shifted it into netural.

                I took the truck with the boat and trailer still attached.

                Before I got back to my lot, I had the assigner calling me and telling me that I was breaking the law and I should take the truck , boat , motor and trailer back.

                I proceeded on to my lot and upon arrival, I cut the lock and removed the trailer from the truck.

                I listed the boat motor and trailer as personal property along with the contents of the truck.

                Upon review the clients lawyers agreed with me and stated that the boat motor and trailer were personal property just as any other personal property attached to or contained within the vehicle.

                If I had of removed the lock and left the trailer and somthing had of happened to the boat, we would have been responcible for it's loss.

                It would have been no diffrent that removing personal property and leaving it unattended in some one's yard.

                If I had a repo order for a boat , motor and trailer and it had a lock on the hitch but the trailer was not chained to a fixed object, I just took trailer , boat, motor and lock all together. After it was off the debtors property, I would remove the lock. If they redeemed the property and made an issue about the lock, I would replace the lock.

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                • #9
                  Cut the lock, bill the lender, get paid and move on.

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                  • #10
                    If the hitch is pad locked just use a smaller ball however it is more dangerous but then you do not have any issues cutting the lock.

                    If it is chained to a tree, or building be sure that you are not being watched and take care of the lock and for god sake do not leave the lock there, in the unit getting repo'd or in the truck.
                    Ps. you could be safe to leave the chain as you saw the chain but there was not lock.
                    If there is no evidence of it having a lock then it is your word aginst the debtors.

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                    • #11
                      Chain and padlock:.....cut the first chain link by the lock. Stick it in your pocket. You are not damaging or tampering with the lock. How would they prove the chain is missing one link? Works everytime. The debtor will be scratching his head trying to figure out how you did it.

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                      • #12
                        BANDIT.

                        Why would you openly post about breaking a lock or cutting a chain, do you not think that lending companies look at this site as well as others just to check the pulse of the repo industry. Not cool man, and in addition why would you risk your license or if your in an unregulated state risk your reputation for a few hundred bucks.

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                        • #13
                          BANDIT ,

                          Dont want to single you out sorry.. i just saw repo mike's post and the same applies to him as well.

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                          • #14
                            How about

                            How about this, do not break the law? Forget all the bull about how not to get caught and just don't do it ! It really isn't worth it and sooner or later you will get caught. We operate on a real narrow line and if you are good enough to make a living, you know how to walk the line without crossing it. You will get caught if you step over the line ! !

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                            • #15
                              If it feels funny don't do it!!!!

                              JTDAMIAMI is wrong. We just lost a guy who was shot 8 times because he tried to cut a lock and remove a chain off a truck. We all thought the guy was gonna fry but the judge dropped the case against him because it was chained to his "private property" (A Tree) and the guy walked free. Not to mention he put a few rounds in our truck too. Be careful out there

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