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Campground · Apr 13, 2009, 09:54 AM

I have a campground in NJ and had a customer who owed me $2000 for camping so we did not allow him to remove his trailer last October. Now the Credit Union which handles the customers trailer wants to repossess the trailer and we denied them access until we are paid the $2000. They have since written to us through a lawyer and offered $750 to quickly dispose of the matter and retrieve their trailer however they said they have a "superior security interest" in the trailer and that we cannot legally withhold the trailer from them siting NJSA 39:10A-20. While I have heard you cannot hold the trailer for Towing and storage charges we are holding the trailer for services rendered.

My question is: Does a credit company "always " have a "superior security interest" or are their circumstances where they don't and must pay the charges to retrieve the trailer.

JudyKayTee · Apr 13, 2009, 10:01 AM

Interest in real property goes from first filed (superior interest) to last filed. If you are holding a car for services rendered and the bank needs to repossess it, the bank has the authority to do so.

This must be the same.

I am not aware that you can hold their property without a Judgment.

excon · Apr 13, 2009, 10:04 AM

Originally Posted by Campground

My question is: Does a credit company "always " have a "superior security interest" or are their circumstances where they dont and must pay the charges to retrieve the trailer.

Hello Camp:

It's a very interesting question that I don't know the answer to. But, not knowing has never stopped me before...

I DO have an opinion, of course. That would be that the lien holder ALWAYS has a superior security interest... So, they're entitled to the trailer...

But, it IS on private property, and you own the property. No matter what kind of security interest they have, they cannot trespass on your property to repo the trailer...

So, they're not going to give up, and you aren't either... Sounds like a good time for some negotiation. They offered you $750. Tell 'em they're welcome to haul it away in exchange for $1,000.

Look. Nobody is going to get what they want or deserve in a negotiation. The point of it is to make the problem go away the most quick and cheapest way you can.

excon

PS> (edited) You can still sue the renter for the difference...

JudyKayTee · Apr 13, 2009, 10:06 AM

Oh, no, Excon, in some States you CAN trespass on private property to repossess. In fact, some repo people actually take the Police with them if it's on a third party's property or if there have been threats.

Not saying that's the case here but you can - in NY - trespass to repo. If you couldn't any car parked in any driveway/garage would be hidden and safe. Everyone would park the car at the neighbor's house.

Campground · Apr 15, 2009, 05:07 AM

Thank you everyone. We did negotiate to $1000. They will be in to get the trailer soon.

Campground · Apr 15, 2009, 05:09 AM

Thank you everyone for your responses. I didn't think there was much I could do. Thankfully by withholding the trailer we did get money where otherwise we would have gotten nothing if we just roled over and gave them the trailer. Yes we did get $1000 as well.

JudyKayTee · Apr 15, 2009, 06:04 AM

Originally Posted by Campground

Thank you everyone for your responses. I didn't think there was much I could do. Thankfully by withholding the trailer we did get money where otherwise we would have gotten nothing if we just roled over and gave them the trailer. Yes we did get $1000 as well.

Thanks for coming back to let us know. Glad things worked out the way they did.

I did check the law in NYS and a "repo" person cannot enter locked property - climb a gate, force open a garage door - but otherwise can enter private property.

So if anyone wants to go into the repo business -