By: Richard L. Smith
A frightening situation took place Saturday evening in Orange when a vehicle with a child inside was towed during a repossession, prompting a full-scale police response.
According to information obtained by RLS Media from family members who wish to remain anonymous, the incident began around 4:20 p.m. when a mother briefly left her SUV parked on Reynolds Terrace.
She had her young child asleep in the backseat while she went inside a nearby building.
Within minutes, the vehicle was gone.
Believing the car had been stolen, she initially contacted her finance company before notifying Orange Police around 5:05 p.m.
Authorities immediately canvassed the area and launched a search for the vehicle, noting that the woman still had the keys in her possession.
Using the GPS tracking feature of wireless earbuds left inside the car, officers traced the vehicle to a commercial tow yard on Grove Street in Newark.
When police arrived at the location shortly after 6 p.m., they found the SUV parked in the lot and the child still asleep inside. Officers were forced to break a window to reach the child, who was evaluated by EMS and reported to be in good health.
Investigators later confirmed that a private towing company had repossessed the car due to missed loan payments.
The official repossession order was not faxed to police until after the incident had already escalated.
The case raises questions about repossession practices, particularly when a child or passenger is inside a vehicle.
Industry standards stress that repossession agents are required to confirm a car is unoccupied and to avoid any actions that could endanger public safety.
New Jersey Repossession Regulations:
I've found that in New Jersey, vehicle repossession is governed under the state’s version of the Uniform Commercial Code (UCC). A lender may repossess a vehicle without first notifying the owner, as there is no legal requirement for advance notice, as long as the borrower is in default.
However, the UCC reports said the repossession agent may not breach the peace during the process; they cannot use force, threats, break into a locked garage or structure, or otherwise engage in illegal conduct.
After taking possession, the creditor must send a post-repossession notice including the amount owed, method of intended sale (public or private), time and place of sale, and the debtor’s right to redeem before sale.
The vehicle must then be sold in a commercially reasonable manner. Any surplus proceeds beyond the debt and repossession costs must be returned to the former.
If the sale falls short, the debtor may still owe the deficiency.