LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Has Anyone experienced a repo agent using the same technology that Police, Fire and EMS use to gain entry into a guard gaited community?
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Gate Bypass
Started by LetA • 7 replies • 270 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
I don't live in a gated community, but if you did some Googling, you may have found this:
"Depends on whether or not the repo company has a court order. The security guard would have no choice but to obey a court order and the cost of obtaining a court order to retrieve the vehicle would probably be passed on to you."
"Depends on whether or not the repo company has a court order. The security guard would have no choice but to obey a court order and the cost of obtaining a court order to retrieve the vehicle would probably be passed on to you."
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
I did do some googling, I'm just asking if anyone had experienced the situation in a guard gated community. My query is more job related than pertaining to my HOA.
I'm glad I trusted my gut and had the on-site guard call the police.
I'm glad I trusted my gut and had the on-site guard call the police.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Besides, court orders are different and served in the presence of the Sheriffs department or constable, they won't be serving them at 2am.
PaulP17 (Louisiana)
Posts: 14
Posts: 14
Posted:
Our property is a gated, private community at which we would not allow a repo agent entry with or without a court order unless the resident personally approves the entry. Even if the repo agent has a writ of sequestration we would not grant access. Also something to consider, at 2am the resident may respond or react to what he thinks is someone stealing his vehicle and suddenly you have a life threatening incident…..
Things to consider but like all these issues, each state law is somewhat different and what type of property are you discussing. Private or Public. You should always seek legal advise before setting policy/practices for security. Also a good relationship with law enforcement will help you work through some of those type of matters.
Things to consider but like all these issues, each state law is somewhat different and what type of property are you discussing. Private or Public. You should always seek legal advise before setting policy/practices for security. Also a good relationship with law enforcement will help you work through some of those type of matters.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
My query was work related, the repo agent in this case had a electronic box that police, fire and EMS use for gate access. In this outcome the repo agent was charged with breaching the peace.
I suppose you can buy anything on Amazon, whether it is legal or moral to use said device is a different story.
I suppose you can buy anything on Amazon, whether it is legal or moral to use said device is a different story.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Quote:
Posted By PaulP17 on 05/29/2022 9:36 PM
Our property is a gated, private community at which we would not allow a repo agent entry with or without a court order unless the resident personally approves the entry. Even if the repo agent has a writ of sequestration we would not grant access. Also something to consider, at 2am the resident may respond or react to what he thinks is someone stealing his vehicle and suddenly you have a life threatening incident…..
Things to consider but like all these issues, each state law is somewhat different and what type of property are you discussing. Private or Public. You should always seek legal advise before setting policy/practices for security. Also a good relationship with law enforcement will help you work through some of those type of matters.
Our property is a gated, private community at which we would not allow a repo agent entry with or without a court order unless the resident personally approves the entry. Even if the repo agent has a writ of sequestration we would not grant access. Also something to consider, at 2am the resident may respond or react to what he thinks is someone stealing his vehicle and suddenly you have a life threatening incident…..
Things to consider but like all these issues, each state law is somewhat different and what type of property are you discussing. Private or Public. You should always seek legal advise before setting policy/practices for security. Also a good relationship with law enforcement will help you work through some of those type of matters.
Uh, I doubt anyone would approve the repo man or woman coming in to take a car, boat, RV, etc., and since it is a court order, aren't you folks concerned about being held in contempt of court (which is what this sounds like if you don't allow entry with a valid court order?) Hope you've consulted your association attorney about this - it's one thing for the homeowner to have issues with whoever sicced the repo on his/her trail, but I'd be concerned about the HOA facing liability for not cooperating with a court order...
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By SheliaH on 05/31/2022 10:49 AM
Posted By PaulP17 on 05/29/2022 9:36 PM
Our property is a gated, private community at which we would not allow a repo agent entry with or without a court order unless the resident personally approves the entry. Even if the repo agent has a writ of sequestration we would not grant access. Also something to consider, at 2am the resident may respond or react to what he thinks is someone stealing his vehicle and suddenly you have a life threatening incident…..
Things to consider but like all these issues, each state law is somewhat different and what type of property are you discussing. Private or Public. You should always seek legal advise before setting policy/practices for security. Also a good relationship with law enforcement will help you work through some of those type of matters.
Our property is a gated, private community at which we would not allow a repo agent entry with or without a court order unless the resident personally approves the entry. Even if the repo agent has a writ of sequestration we would not grant access. Also something to consider, at 2am the resident may respond or react to what he thinks is someone stealing his vehicle and suddenly you have a life threatening incident…..
Things to consider but like all these issues, each state law is somewhat different and what type of property are you discussing. Private or Public. You should always seek legal advise before setting policy/practices for security. Also a good relationship with law enforcement will help you work through some of those type of matters.
Uh, I doubt anyone would approve the repo man or woman coming in to take a car, boat, RV, etc., and since it is a court order, aren't you folks concerned about being held in contempt of court (which is what this sounds like if you don't allow entry with a valid court order?) Hope you've consulted your association attorney about this - it's one thing for the homeowner to have issues with whoever sicced the repo on his/her trail, but I'd be concerned about the HOA facing liability for not cooperating with a court order...
This is my initial blush also.
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