The American Repossessor

A recent discussion on a repossession web site involved the use of badges during a repossession. A review of 2007 Appeals Court decision may add some light to this discussion.

Repossessor was hired to repossess a silver Pontiac Grand Prix from Debtor. Debtor dated a woman named Jessie. Jessie ‘s parents were divorced, and Jessie had at times in the past three years lived with her mother, although she and Debtor were staying with Jessie ‘s father at the time of the attempted repossession.

Jessie ‘s mother testified that around dinner time Repossessor knocked on the side door of her house. He told her that he had lost his dog and wondered if she had seen it. When she replied that she had not seen the dog, Repossessor said that he and his associate had “seen a grey car in [her] driveway with a dog in it.” The mother told Repossessor that she “didn’t know what he was talking about” and he left.

Jessie’s brother testified that he was exiting a gas station when Repossessor approached him, “flashed a badge and told me to get my hands out of my pockets and he patted me down.” Repossessor told the son that both Debtor and his sister Jessie had outstanding warrants for check fraud and one from child services in Portage County. The son told Repossessor that he did not know Jessie and Debtor’s whereabouts.

Jessie’s sister testified that she lived with her father around the time Repossessor contacted her mother and brother. She said that she received a call from someone who claimed to work at a video store. The caller made inquiries as to who was allowed to use her father’s account with the video store and that there were videos that had not been timely returned. Later that day, the daughter said that she saw a man, whom she identified as Repossessor; walk up the driveway going towards the backyard. She told her father, who saw Repossessor “running around his yard.”  and asked Repossessor what he was doing. Repossessor said that he was looking for his dog. The father told Repossessor to leave the yard.

Jessie’s sister also testified that she spoke to her mother earlier and learned that her mother also had a man show up claiming to be looking for a dog. Believing Repossessor to be the same person who approached her mother, she alerted her father and then called the police. While she was on the telephone with the police, Repossessor entered the house so quickly that he banged the door against a shelf. In a “threatening” tone, Repossessor told the father that “I’m a police officer.” Repossessor pulled a badge from his right, back pocket and “flashed” it at the father. He told the father that he was a “police officer” and that there were arrest warrants issued against Jessie and Debtor. Although the father thought it suspicious that Repossessor did not carry a gun or have his badge on his belt like some police do, he did not confront Repossessor because “I wasn’t going to argue with a police officer.”

Repossessor also mentioned that he was going to take Jessie’s child “and give her to family services.” At this point, the father asked to see Repossessor’s badge again. Repossessor pulled a different badge from his front pocket. The badge had the words “enforcer” written on it. When the father asked what an “enforcer” did, Repossessor told him that he was a repo man. The father told Repossessor to leave.

Jessie’s grandmother testified that Jessie and Jessie’s daughter sometimes stayed with her. She said that she received a telephone call from a man who identified himself as “Mike Nielson.” The caller said that he was coming over to take Jessie’s daughter. Upset over the call, the grandmother called her daughter (Jessie’s mother) and asked her to come over and spend the rest of the evening with her.

Debtor’s aunt testified that she received a telephone call from a man named “Mike something.” who asked for Debtor. The aunt told the caller that Debtor had been at her house, but left. The caller became angry upon hearing that Debtor left the aunt’s house and “started screaming at me, and I asked him who he was. And he told me he was a cop, and he’s coming with the 6th district to arrest me for obstructing justice.”

Repossessor testified and confirmed many of the events testified to by the state’s witnesses. He said that he ran a car repossession business called “Nationwide Recovery” and had been asked to repossess Debtor’s car. He said that in the course of repossessing cars, he often gave disinformation so as to protect his true purpose — he found that people would not voluntarily give information to him. He denied telling anyone at any time that he was a police officer. He carried an “identification badge” that he used in his business. He described the badge as “a gold oval with wings. It says Nationwide Recovery on that badge.”

Repossessor was convicted on one count of impersonating a police officer and is currently serving his sentence in state prison.