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common sense
Jackson, OH
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This whole deal is a shame. First of all, I believe that I would have done the same thing in the same situation. However, that choice would have landed me in jail. Ok...It is wrong not to pay your bills. However, I think it's ridiculous when I keep seeing people say..."If you don't want to die, pay your bills???" What? You can't even go to jail for not paying your bills anymore, unless its to our dear old government. Garnishment may feel like death sometimes, but I'd take it over 5 bullets. It is illegal for a creditor to harass a customer. There are also time frames for collection activities. Otherwise, these issues must be handled in court. It is not, however, illegal to brandish a firearm to remove unwelcome guests on ones property. I have been in the collection business for over 15 years and have also been threatened with a gun while being warned to exit a customer's property. At that time, I quickly removed myself and reported it to the local authorities. At that point, one must make a decision. In the heat of the moment, I can see whay the young boy did what he did. The fact remains, this is not the wild west, and none of them were Sheriff...It is hard to look at these things through clear eyes, when so much emotion is running through people. We can all connect to the boy. Who wouldnt think that they would shoot to kill if a loved one was in danger? As far as the deceased, once the collection call goes past a few knocks on the door and maybe a little pesky snooping around, then it becomes harrassment. I can't imagine what took him so long to finally come outside and face the collectors, yet I can imagine after pounding on the doors, windows and shaking ac units, he must have finally felt fear for his family or just snapped? Maybe a converstion, without firearms would have been more appropriate. I doubt that the Staker boy would have pulled out his gun, had the gentleman not brought his to the door and pointed it at them. Though, I haven't met too many hot heads that take an hour to face confrontation. Sorry for the long rant, but emotions cannot be used to judge this situation. Sorry for all parties involved in this mess.
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Lawyer
Portsmouth, OH
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Judged:
1
Actually it wasn't purchased at Stakers in Portsmouth,it as purchased in huntinton..They thought they would make a lil extra money by making a repo...BUT according to "The Ohio and Michigan statutes, as well as UCC 9-503, provide that a dealer may proceed by with a "self-help" method if possession can be done without breach of the peace. Breach of the peace essentially means that during the actual attempt to repossess the equipment the repossessor may not employ oppressive conduct, threat of force, an implied threat of force or confrontation to gain possession of the collateral..Plus they don't have the proper paperwok to do repo's
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anti-dumbass
Jackson, OH
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Debbie wrote: That's the problem. Society is spoiled. Courts , lawyers. Blah blah. Ppl hide behind it and make excuses, like n this case. As far as I know, he had propery that wasn't his! He owed $ for it! Staker's came to get back what was lawfully and rightfully theirs! Right is right! He pointed a gun! Duh! Tyler will b exonerated. Debbie....... That must be some powerful crack you are smoking. But isn't it about time to get your skanky butt back down by the fishbowl so you can make more money for your next pipe full?
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Thomas
Massillon, OH
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The reason I know about repossession is because I had my motorcycle repo a couple of years ago. At the time I was working out of state and wife was sending in my payments for me, as i was mailing my check home each week. I was paying all my bills and my mortgage payments, plus renting where I had to stay. My job had cut some hours because of bad weather and that cause me to be a payment behind on the motorcycle. Then unexpectedly my wife went into the hospital, as weeks went by i'ed call home and I ask my daughter is everything ok and are the bills getting paid, she said everything ok dad. Well actually the bike on their books said three months behind. Well one day I called home and my daughter said they came and got your bike, I said who got my bike, i thought she meant someone had stolen it. She said in the afternoon a man knocked on the front door she opened the door and the man said he was there to pick up a motorcycle and she said what for, he said it is being repossessed and showed her the paper work plus right behind him stood a deputy sheriff, so she went and unlocked the door to the garage and they took it and left, also he left her a number for me to call. A few days latter I came home and me and my wife drove to Jackson Ohio and got it back after paying them around $2,700.00, so that's my repo story and I wish the Staker and Holsinger had not turned out like it did, he should had not lost his life nor his children loosing their father over something of material value!
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“Your metal armor drags me down”
Since: Oct 09
Killeen, TX
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Please wait...
Thomas wrote: <quoted text> I think you are only part right, because there laws against persons coming onto your property to repo, the Stakers broke state laws trying to get their equipment back. I'am not a lawyer but I know there is laws about this repo on the books. The owner of the property had ever right to come to the location of the property ask for it back.
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Thomas
Massillon, OH
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Martyr Machine wrote: <quoted text>The owner of the property had ever right to come to the location of the property ask for it back. My story was absolutely true and I did not say they didn't have the right to do so. You may need to read it again. What my point was that the Harley-Davidson Credit Corp. did it the right way, they came at a decent hour, they came with the paper work, my daughter was not threaten nor was in any harm. They had a deputy with him just in case it was locked up! The point was "no one was harmed or killed."
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Thomas
Massillon, OH
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Martyr Machine wrote: <quoted text>The owner of the property had ever right to come to the location of the property ask for it back. Martyr Machine i'am sorry I thought you were commenting on my last post.
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Debbie
West Alexandria, OH
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Anti dumbass... Oxymoron with your name. If u u even know what that means. Old school justice is what happened. Yea he was married had kids or whatever. Pay your bills!!!! Or call n make arrangements.
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Well
Marietta, OH
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Judged:
1
Debbie wrote: Anti dumbass... Oxymoron with your name. If u u even know what that means. Old school justice is what happened. Yea he was married had kids or whatever. Pay your bills!!!! Or call n make arrangements. What an idiot. Such an ignorant post I had to reply.
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stupid
United States
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Well wrote: <quoted text>What an idiot. Such an ignorant post I had to reply. I agree I'm smarter than that,
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