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property reposession

property reposession

Postby megaman » Mon Nov 28, 2016 6:59 pm

Under what circumstances are high court enforcers able to take the property other than the debtors in order to cover a debt?
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Re: property repossession

Postby atticus » Mon Nov 28, 2016 7:16 pm

None. But sometimes debtors are not believed when they say the goods aren't theirs. Proof of ownership helps.
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Re: property reposession

Postby megaman » Mon Nov 28, 2016 8:25 pm

Quite often on cant pay well take it away they threaten to remove good which someone else claims is theirs unless proof of ownership is shown.
Can they actually do this.

What can they do when there is any doubt as to who the owner is
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Re: property repossession

Postby atticus » Mon Nov 28, 2016 8:35 pm

Provide evidence of the ownership. That is what I meant when I said "proof of ownership helps".
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Re: property reposession

Postby 3.14 » Mon Nov 28, 2016 8:38 pm

megaman wrote:Under what circumstances are high court enforcers able to take the property other than the debtors in order to cover a debt?

NONE. However as others have said here, they are not going to take your word for it. Having proof of ownership helps.
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Re: property reposession

Postby dls » Mon Nov 28, 2016 8:46 pm

This is daily question for sheriffs. A bare assertion 'this isn't mine, I am looking after it for my cousin' is properly treated with great suspicion.
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Re: property reposession

Postby megaman » Sat Dec 03, 2016 4:01 am

3.14 wrote:
megaman wrote:Under what circumstances are high court enforcers able to take the property other than the debtors in order to cover a debt?

NONE. However as others have said here, they are not going to take your word for it. Having proof of ownership helps.


But why would you need them to "take your word for it"

If they if i was in a situation in which they were trying to take my property to satisfy someone elses debt i would take action against them

if The item in question was a veichal i would drive off with it,they managed to claimp it I would call the police and request that they be charged for taking a viechal without owners consent.
if it was an expensive electronic item i would walk away with it and ignore anything they said

If they made any attempt to lie to me about their rights i would punish them by perusing the matter through the criminal courts by any means necessary
I would get them for theit, attempted theift, false imprisonment, common assault, battery - anything they may have done wrong.

My goal would be to put them in jail by any means necessary.
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Re: property repossession

Postby atticus » Sat Dec 03, 2016 8:35 am

Vehicle. Clamp. Pursuing. Theft.

To pursue those objectives, meg, you need to prove ownership, as we have all been saying.
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Re: property reposession

Postby 3.14 » Sat Dec 03, 2016 1:12 pm

If I am sitting at home watching a 42 inch LED TV with a Range Rover (that I drive) parked in the driveway of my house then it is assumed that these things are mine and not my brothers.

BTW, I have actually repossessed a flat (I served repossession papers and secured the property for the landlord) and on a separate occasion, a car where I had it picked up. I had to locate it first as the user of the car tended to hide it somewhere close to his house but not outside.
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Re: property reposession

Postby dls » Sat Dec 03, 2016 4:06 pm

If they if i was in a situation in which they were trying to take my property to satisfy someone else's debt i would take action against them


The system invites you to do so - there are procedures for doing just that. The procedures assume that the person in whose possession you leave your good will take appropriate steps to warn you and the sheriff. Following such warning you must act almost very quickly to give notice to the court of your interest and assert it. If you fail to act that is your fault. If the debtor fails to warn you or the sheriff, then that is his fault, not the sheriff's and if you want compensation you must seek it from your pal - see generally the law of bailment.

These used to be called interpleader proceedings - Atti will no doubt know the up to date name.
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