Q: After filing chapter 13 a repo man came to my door and demanded my vehicle. I saint I needed to talk to my atty. I tried
After filing chapter 13 a repo man came to my door and demanded my vehicle. He stated that he had an order from the sheriffs dept (but provided no documentaion) he said if I didn't give it to him they would come out and take it. I told him that I need to speak with my attorney and that there was obviously some sort of mistake. He refused and when I tried to drive away he blocked me in. I had to back up down my street and he chased me at a faster and faster speeds, blocking exits to the subdivision and running me off the road twice. I was finally able to get away from him and exit the subdivision. Needless to say I felt very threatened by this repo man.
My question is, do I have any recourse against the repossession company and or the bank? I felt very threatened and trapped. I made it very clear that I need to talk to my attorney and that I also need to leave for work he just said he was taking the vehicle no matter what.
A:
It depends upon whether this debt was listed in your bankruptcy filing. If so, yes, the bank can be sanctioned for which appears to be the so-called "automatic stay" provision of the Bankruptcy Code.
You should have notified the repo man that you have filed for bankruptcy and, if possible, given him a copy of the notice of case filing which is generated by the bankruptcy court.
What does your attorney say?
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