September 16, 2015- Henrico, VA
Rather than surrender her vehicle, a Henrico-area woman is accused of running over a worker who was attempting to repossess her vehicle, striking both the worker and another car in the process.
According to NBC12 News, Jamoya Dee Atkins, the owner of the vehicle, was subsequently charged with hit and run as well as assault.
Under Virginia law, creditors may initiate repossession for non-payment ten or more days after the loan payment due date. This is because creditors, in exchange for issuing loans to buy personal property, retain a security interest in that property as collateral against nonpayment or default of the loan.
After this ten day “grace period,” creditors may repossess the property at any time without providing any notice. However, Virginia is a “peaceful repossessing state,” meaning that those tasked with repossessing property cannot do so by breaching the peace.
Examples of breaching the peace include:
- Using or threatening physical force
- Entering one’s home and removing property without permission
- Pretending to be a law enforcement agent
- Removing property from a closed garage
- Refusing to leave one’s property
Nothing however, justifies physically attacking those responsible for repossessing property.
If you or a loved one have questions related to repossession, call the attorneys at ReidGoodwin today to schedule a legal evaluation.