The economy is strong . . . for the repo man

14 Sep The economy is strong . . . for the repo man

Nobody owns sarcasm the way Stephen Colbert owns sarcasm.  Responding to Democratic criticism of conservative economic policy, Stephen Colbert provides proof that the economy is in great shape.  Even in this depressing economic cloud, there’s always a (tarnished) silver lining.

When it comes to repossessing property, there are certain conditions that prevent the repo man from carrying out his assignment.  Generally speaking, he cannot:

  • disturb the peace, which means that if a confrontation ensues as a result of his repossession efforts, he must back down and go away;
  • commit a crime in the process of repossession, which includes assault, battery, breaking and entering or violating a posted “No Tresspassing” sign; or
  • violate the automatic stay imposed in a pending bankruptcy case.

If the repo man doesn’t play by the rules, he could be fined, arrested and/or sued for violating the automatic stay and/or the Fair Debt Collection Practices Act.

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Chip Parker is the managing partner of Parker & DuFresne, P.A., where he represents Northeast Florida businesses and consumers facing bankruptcy, and homeowners facing foreclosure. His firm files more homeowners in the Mortgage Modification Mediation Program than any other law firm in Northeast Florida. Parker is the recipient of Jacksonville Area Legal Aid's prestigious Award for Outstanding Pro Bono Service. Mr. Parker is an active member of the National Association of Consumer Bankruptcy Attorneys and National Association of Consumer Advocates.
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