RELIABLE RECOVERY SERVICES LEGAL DEPARTMENT
David Rosen, Esq., a litigator with over 14 years of experience in Arizona, serves as the head of Reliable Recovery Services, LLC's legal department. Previously, Mr. Rosen clerked for two different Arizona Court of Appeals judges, and practiced civil and commercial litigation at two of the oldest law firms in Phoenix for over eight years. For the past four years, Mr. Rosen has operated his own law firm. Mr. Rosen has significant experience with Arizona's repossession laws (A.R.S. § 47-9101 et seq.), and has prosecuted and defended a variety of civil claims on behalf of lenders and repossession agents, including obtaining provisional remedies such as replevins (with or without notice), writs of execution, and writs of garnishment. Mr. Rosen is licensed to practice in Arizona federal and state courts, and some tribal courts.
I. Repossession in Arizona
Arizona's self-help repossession statute (A.R.S. § 47-9609) is part of our Uniform Commercial Code. It provides that, after default, a secured party (or its authorized agent) may repossess the collateral without a court order so long as it proceeds "without breach of the peace." A.R.S. § 47-9609. Taking the vehicle from unsecured driveways, open carports, parking lots, and city streets is generally allowed.
If a vehicle cannot be repossessed -- either because the vehicle is hidden or garaged or obstructed or repossessing it would otherwise arguably constitute a "breach of the peace" for any reason -- lenders and/or their repossession agents are entitled to institute legal proceedings to obtain a Court order (served by a sheriff's officer) compelling the return of the wrongfully withheld collateral.
II. Lenders Can Be Liable in Arizona for the Actions of the Repossession Companies they Hire
Reliable Recovery Services, LLC's staff is trained to ensure full compliance with Arizona's self-help repossession laws. It is critical that lenders choose their repossession companies carefully, as Arizona case law holds that lenders are legally responsible for the actions of the repossession companies and agencies they hire.
Although no lender may be entirely immune from a lawsuit brought by a disgruntled debtor, such lawsuits are less likely to be filed (and less likely to have any merit) where the repossession is performed by a repossession agent with the knowledge and training that Reliable Recovery Services LLC staff has.