Towing Issues: Is a repo a consentual tow?, writ of replevin, secured creditor

Question
Is a repo considered a consentual tow since the bank or finance co. owns the car and is the one having it towed?

Thank you.

Answer
No, even though some states vary in the laws concerning repossessions, it is not considered a voluntary action. The only exception is if the debtor calls and voluntarily surrenders the vehicle. You must keep mind however, if the debtor makes the statement "just come get the thing", they may still not be surrendering the vehicle.
In most states that are considered "self help" repossession states, you are given the right to peacefully trespass on private property to recover secured collateral. Some states do not allow repossessions and you must go through the courts to get a writ of replevin or court order to take the vehicle. Also in some states there are criminal statutes that apply such as defrauding a secured creditor. You must make sure that you have the authority or that the client is willing to pursue these options.