DeBary, FL – 21 July, 2015 – An irate cleaning lady ended up in jail after ordering her dogs to attack a husband and wife Repo Team attempting to repossess her vehicle and calling 911 to complain about the Volusia County Sheriff’s Office deputy who came out to investigate.
As of 1:30pm Tuesday, 48-year-old Guadalupe C. Hernandez is held at Volusia County Jail on a $500 bond for making a false 911 call, according to the jail’s website.
It all started around 3:30pm Monday at Hernandez’s home on Rosita Drive, according to her arrest report.
A 50-year-old man and his 34-year-old wife called VCSO for help, saying that they had come to Hernandez’s home to repossess her silver 2008 Saturn sport utility vehicle because there was a lien on the vehicle for non-payment.
The wife told 911 dispatchers that Hernandez came out of the house as they were hooking her SUV to their tow truck, got into the front seat of the SUV and initially refused to get out.
It was at that point, according to the arrest report, when Hernandez got out of the car, went back to her home and let several of her dogs out, ordering them to attack the repossessers.
By the time deputies got on scene, the SUV’s front wheels were already attached to the wrecker and Hernandez was blocking the open driver’s door of the SUV while trying to pull the male repossesser out of the driver’s seat, per the report.
A deputy wrote in the report that he asked Hernandez to step away from the vehicle and get her dogs back in the house, but she refused to do so and told him she was going to ask for a different deputy because he wasn’t helping her.
Hernandez was arrested a few minutes later after she placed a call to 911 asking for VCSO to send another deputy to her home, per the report.
Neither of the repossessers had visible injuries, according to VCSO, but the woman told VCSO one of Hernandez’s dogs bit her in the left leg. That dog was picked up by Orange City police and placed on a 10-day quarantine, per the report.
When questioned afterward, VCSO says Hernandez told them the situation with her non-payment was supposed to be handled in court soon and she felt she should keep the SUV until then.
The vehicle was taken away by the repossessers after Hernandez was arrested.
Story by: WNB NewsDaytonaBeach
I’m sure that if indeed a repossessor was bitten by the dog that the repossessor may file a suit against the debtor. Not that they would actually get anything but you never know when someone is going to fall into a decent inheritance or win the lottery.
Since the Volusia County Sheriff deputy obviously needs re-training on the laws of Florida, the state attorney should promptly file corrected charges against the debtor for the blatant criminal actions she committed against the agents that day.
Recovery agent lives matter !!!!!!
The only way to protect our field agents is to educate the law enforcement community and start prosecuting debtors for their criminal behavior.
Since the Volusia County Sheriff deputy obviously needs re-training on the laws of Florida, the state attorney should promptly file corrected charges against the debtor for the blatent criminal actions she committed against the agents that day.
Recovery agent lives matter !!!!!!
The only way to protect our field agents is to educate the law enforcement community and start prosecuting debtors for their criminal behavior.
It has now been determined that the female repossessor in this article does have a recovery agent trainee (“EE”) license and the charges against Guadalupe Hernandez have been dismissed. Looks like this story is going to have a very different ending than was expected.
They call that the Tallahassee two step ……… make the rules up as you go along and change them whenever it does not go along with your agenda……. the outcome for one agent will be completely different for the next agent that is not a “good-ol-boy”. The rule of law means nothing an justice is not blind.
Ken. The current administration for the Division of Licensing is not interpreting 493 to exclude in-house repossessors so that is the way it stands on that subject. As to the repossessors involved in this repossession I have confirmed that they stated they are employed by a licensed recovery agency and there is an active investigation presently by the Division.
Joe….. you bring up a very interesting point. Years ago I remember the Fl Division of Licensing and FLACARS announcing the passage of legislation that ELIMINATED the IN-HOUSE REPOSSESSOR making any repossession performed by an unlicensed person illegal.
Now both the Fl Division of Licensing and FLACARS act as if that never even happened ????
Since I specifically remember it passing and the cheering from the association …….. why do they now act as if it never occurred ?
What is to stop these guys from saying they are in-house and not covered by regulations ?
According to the Division’s website niether of the repossessors were licensed which would make this a Wrongful Repossession. A complaint has been filed and a Division investigation is taking place. If the law enforcement officers had asked to see the repossessors licenses they would have known that the repossession was Wrongful and should have ordered the repossession stopped. There is a special training program for law enforcement to educate them on Florida repossession law and they should have been familiar with it. As Real deal says, part II will be interesting.
Real Deal …. you are only partially right….. but according to the story …. the debtors came out os the agent was hooking up to the vehicle. It takes less than 5 seconds to hook a vehicle. After that under Florida law the repossession was completed and the agent had no duty to retreat from the repossession. The following breach of peace does not negate or eliminate the agent’s right to continue with the repossession even if he is being opposed by the debtor.
Fl St 493.6101 (22)
“A repossession is complete when a licensed recovery agent is in control, custody, and possession of such repossessed property.”
**** if the agent was already hooked to the vehicle …. then under Florida law the repossession was completed and the recovery agent had no obligation to retreat from the repossession. He actually had a legal right to defend himself
!) the debtor breached the peace
2) the debtor committed battery on the recovery agent when she touched him ,in the presence of the deputy, and tried to remove him from the vehicle
3) aggravated assault with a deadly weapon ( threatening 2 people with the dogs)
4) aggravated battery with deadly weapon ( when the dog bit the woman)
*** the arrest on the 911 call according to info here was a false arrest
****** gotta love cops that cannot understand basic law ******