Repossessions for private clients
As repossession agents, (link) in most circumstances, we work on behalf of clients such as banks, finance companies & receivers. The type of assets recovered, in the majority of cases, consist of cars, trucks, boats, plant & equipment.
Repossession of real estate is another common area, but this is more complicated, drawn-out and typically involves solicitors.
There are numerous occasions when we are approached by private clients and companies to recover assets which they have loaned or leased to an individual. There are also private clients attempting to recover assets from former business partners, spouses etc.
The most critical part of these types of private repossessions is proof of ownership. You need to be able to prove you are the legal and rightful owner of the security.
Examples of proof of ownership include but are not limited to:
- Private contract
- Company search
- PPSR records PPSR Check
- Company lease documents
- Employment agreements
- Insurance papers
- Registrations details (registration alone is not proof of ownership)
- Court orders or settlements documents
In the cases where an agent is requested to repossess assets from a former spouse, you need to advise of ANY Apprehended Violence Orders (AVO) or other court orders made against you by the person who holds the asset. These orders may prevent an agent from approaching the person. The agent would need to review the orders carefully before they could act on your behalf.
Former business partner:
Similarly, a repossession could be requested from a former business partner. The former colleague may still have a legal right to the security. This is especially relevant if the person remains a director or even a shareholder in the company.
When repossessing a company asset from a former employee be sure to check their employment contracts as there are sometimes clauses preventing you from immediate repossession if you have not completed & satisfied your obligations as an employer.
Proof & legal advice:
The agent will need to be satisfied that all the ownership criteria are meet. If you are confident that you can prove and provide evidence of ownership, the agent will attempt to recover your asset.
In the event you are not sure if you have a legal right to recover an asset, it is recommended you seek legal advice in the first instance.
Please be aware a repossession agent has no special powers and must comply with police instructions if given. Note: We are not solicitors, and this is general information only.
Please call us if you have any questions 1300 557 864 or 02 8073 5123.