Repossession under The Indian Act
Repossessing a vehicle from a customer or a debtor on First Nations land is a difficult and often risky task. In these cases, it must be done carefully with knowledge of the Indian Act, local band customs, and proper procedures. Thanks to our knowledgeable agents, Exodus Bailiffs takes an advantage over the competition in this challenging area.
Banks and leasing companies retain the right of possession of any vehicle which has been leased or financed. Vehicle repossession on First Nations Land is governed by contractual provisions contained in the original vehicle lease agreement or purchase contract. If you get behind on your payments it is important to know what might happen if the vehicle’s creditor decides to repossess the vehicle.
Seizure of the Vehicle
A creditor may have the right of possession immediately upon default of a note. Creditors are allowed to seek repossession without obtaining prior judicial approval. A bailiff is not required to obtain judicial approval, and a bailiff may enter your property to seize the unit.
How to begin your repo with Exodus Bailiffs
Hiring Exodus Bailiffs is very easy. Call today 250-261-5664.
You may also download our hold harmless agreement and email it at your earliest convenience.
Seize or Sue
Indian Act
Please review section 89 (2)
“(2) A person who sells to a band or a member of a band a chattel under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his rights under the agreement notwithstanding that the chattel is situated on a reserve.”
Legal Disclaimer: This is NOT legal advice, Exodus Bailiffs are not lawyers, this is simply our summary of how these rules affect people in general. Laws should only be interpreted by a lawyer, and Exodus Bailiffs recommend that you seek the advice of a lawyer before deciding to try to have an item surrendered to a creditor, or for any other questions regarding/understanding the laws. Exodus Bailiffs also advise that you seek the help of professionals in the Debt Service industry.
Personal Property Security Act
“Seize or sue” provisions section 67 of the Personal Property Security Act.
British Columbia has seize or sue laws. Pursuant to the Personal Property Security Act, a creditor can either seize the goods or sue the consumer for reimbursement for the cost of the goods. In seize or sue jurisdictions, the creditor must choose between one or the other and cannot both repossess and sue for the money owed. In other provinces in Canada, the creditor can both seize and sue.