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View Diary: It keeps happening: Faceless Bank's Repo Contractor hauls all of W Va. Woman's possessions to dump (279 comments)

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  •  Might be able to argue that they (4+ / 0-)
    Recommended by:
    StrayCat, ccyd, VClib, twigg

    were acting as agent for the bank?  

    [Same disclaimer]

    •  Probably depends on the relationship (3+ / 0-)
      Recommended by:
      KenBee, VClib, DSPS owl

      An independant contractor is probably not going to cast a shadow on the bank, but if the relationship is more cozy, who knows?  Certainly, you would sue both the bank and the repo man, and maybe you can get them pointing the finger at one another.  

      I think one of the real tragedies here is that when her things were illegally repossessed, they were destroyed.  If I were the one doing the repossessing, I would put the saleable stuff up at auction and, as someone suggested up thread, keep personal items like pictures and legal documents.

      Just as an intellectual exercise, how many torts do you see here?

      I see tresspass, conversion, negligence, IIED, NIED against the repo man.  I would try to pass through liability to the bank on a theory of agency, negligence in hiring the repo man (depending on discovery, to some degree), conversion.  What else?

      I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

      by ccyd on Fri Aug 30, 2013 at 12:37:48 PM PDT

      [ Parent ]

      •  I'd throw all that out there. (4+ / 0-)
        Recommended by:
        ccyd, Pi Li, VClib, DSPS owl

        The bank is the deeper pocket, and they were the ones who hired repo man and gave him instructions to do what he did, so any lawyer would go after them first.  

        They will almost certainly settle, as this is horrible publicity for them.  If I were the plaintiff's lawyer, I'd be putting my client out there every chance I get.  If I were the bank's lawyer, I sure wouldn't want a jury to hear from this woman that she did nothing wrong and some repo guys came into her house and threw away everything she owned.

        Juries tend to award whatever they legally can award when they hear that kind of story.  

        The bank can then fight with repo guys over whether repo guys have to reimburse them.

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