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.
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?
