While a recovery agent may work as a tow truck operator, a tow truck operator can only act as a recovery agent if they possess knowledge of consumer protection laws.
The only way to acquire this knowledge is through proper credentialing and certification.
10,000,000 CARS WILL BE ASSIGNED TO BE REPOSSESSED IN 2026…and only 2.6 million will actually be picked up, which is a deficit of 7.4 million assignments not recovered. Lienholders & lenders will send many assignments to untrained or non-qualified tow truck operators because there are not enough trained and certified repossessors to handle the increased workload. This risky policy of partnering with non-credentialed bad actors will result in drivers and consumers being killed or injured. Training, credentialing, and certification programs are available; it is an easy decision to train your employees. Seems like a simple solution to an often deadly situation. Knowledge keeps your company out of the courtroom and your employees safe.
Given that law firms across North America and the United States Department of Justice have compensated me for my professional evaluations and opinions, there is a darn good chance I might just know what I am talking about, so keep reading, I know more than you about the
repo business. Its ok to be arrogant, as long as I am right.
Even if you accept just one repossession assignment this year, the words you're about to read might save your life, the life of a family member, an employee, or a consumer, and by the way, we are all consumers.
My review of the many litigation documents, body, and truck cam videos as well as witness statements and police reports, has helped me inform you of a verifiable truth. During the repossession process, tow truck operators make really bad decisions because they have not
been adequately trained to perform a repossession. Tow bosses fail to train their drivers of consumers’ rights, and the procedures involved in the self-help repossession process. These bad decisions have caused tow operators to become injured or to injure someone, or the
bad decisions have caused someone to be killed during the repossession process. If you have untrained drivers repossessing cars, its just a matter of time before you step into a bucket of it.
My objective is to teach you, train you and tell you the difference between what is legal and illegal during the repossession process, and also the differences between what is right and what is wrong. Sometimes what the written law in your State says is right might just be the
wrong thing to do.
First, are you aware that when the consumer objects to the repossession, you must stop all repossession efforts, drop the car and retreat. Yes, this means stop the repossession immediately…stop means stop. You know what I am talking about…no means no! Get it?
Did you know also that the leading cause of repossession lawsuits are the lienholder never had the authorization to repossess the car in the first place? That’s right, the lender, or title loan company did not have clear title to the car they have authorized you to repossess, and if you aided in the improper taking of the car, you will be brought into the lawsuit. Let me say it again…YOU WILL be brought into the lawsuit. I know this because its true.
Are you aware that professional repossession company’s verify the lien on the car before attempting the repossession? Its as easy as 123, that’s ADD123. The uncomplicated process of verifying the lien can save you a boatload of Benjamins and the frustrations of a wrongful repossession lawsuit.
Do you understand the terms “custody and control” or the answer to the question “When is a repossession complete?” The answer to these two are complicated and disagreed upon. You must know the situations which will help define the answers. Your driver/repossessor must know what decision to make during a confrontational situation. It really is not as complicated as some would make it out to be if you can remember “NO MEANS NO.”
I am not trying to scare you away from a great revenue producing opportunity, unless you don’t plan to provide training and knowledge to your employees, then yes, stay the heck out of the repossession business…we do not want any more “bad actors” up in our business, and the American consumers don’t need you either.
Providing repossession services to the Nations automobile lenders can be very profitable. The business of repossessing collateral has additional revenue streams such as providing keys, sales or reconditioning, detailing services, or remarketing opportunities. It is a fact that some repossession companies bring in more revenue on providing keys than what the repossessions fees bring in…replaced your car fob lately? Consider repossessing other collateral besides cars, assets such as commercial trucks, heavy equipment, or recreational vehicles? For over 20 years, my repossession business was focused on commercial truck and equipment repossessions. Although I also repossessed cars, I preferred the commercial side of the repossession business. Repossessing trucks and equipment opened up my sales and remarketing division of
my repossession firm. Many of my clients would request that I remarket the collateral directly from my facility. I made a ton of money repossessing commercial trucks and equipment.
Are you aware, in most States, a dealer’s license to sell a car or truck is not required if you are acting as a representative of the lienholder. Would you believe me If I told you there are over 500 subprime truck and equipment lenders across the country, all looking for a repossession company to repossess their delinquent trucks? Repossessors who possessed knowledge of trucks and equipment and not just Toyota’s and Kia’s. The challenges keeping you away from providing repossessions to your list of services can all be overcome through knowledge. Knowledge comes from certification, credentialing, and training.
A tow company opening up a repossession department is not brain surgery and there are straightforward steps to follow to get you started. Training and safety protocols is the most important. With the training, credentialing, and certification available, there is no reason your towing company can’t bring in a high percentage of the 10M repossession assignments expected to be dolled out every year for the next few years and expected to increase in the years to follow. Here are some topics to consider.
• Training & Repossession Credentialing & Certification
• Licensing
• License Plate Recognition (LPR)
• Tow trucks with wheel lift capabilities.
• Repossession Software
• Obtaining Clients
• Direct and indirect repossession assignments
• Repossession Associations
It has been said that the repossession industry maintains a particularly close association with the towing industry, more so than any other sector. I can agree with that statement but understand that in some circumstances, a repossessor can be a tow truck operator, but a tow truck operator cannot be a repossessor. In this article, I will explain this in much more detail. To be successful in the repossession business, there are standards and qualifiers that will guide your towing company to success. A little about me. I have been retained by law firms throughout the country over fifty times. My job is to offer my opinion to the courts on repossession and towing industry professional standards. I have also been retained by the United States Department of Justice as a repossession industry expert.
Lawyers seek my opinions on documents, witness statements, body-cam footage, and any details related to licensing, training, certification, and credentials for both plaintiffs and defendants who become involved in lawsuits. Once I thoroughly review all materials, I draft a detailed report with my findings, which is then used by judges during arbitration, mediation, or court proceedings. My report is presented to the jury prior to private deliberations. Thanks to my experience, I have been accepted as one of the Nation’s most sought after wrongful repossession experts.
Let’s start with some facts.
There are two types of repossessions. The Self-help repossession. A self-help repossession lets a secured creditor take back collateral, usually a vehicle, from a debtor who has defaulted on a loan, without needing a court order. Police involvement during the self-help repossession is not allowed under any circumstances.
The Judicial process repossession. Judicial process repossession is a legal procedure through which a creditor or lienholder seeks a court order to seize property from a debtor who has defaulted on a secured loan agreement. The judicial process also known as a court replevin usually involves law enforcement.
Let me be 100% clear, this article is all about the self-help repossession process and has absolutely nothing to do with the Judicial.
There is no reason that law enforcement should be involved in a self-help repossession. Authoritative legal texts and judicial precedents establish that active law enforcement involvement typically transforms a private "self-help" action into an unlawful seizure or a "breach of the peace" that violates the debtor's constitutional rights.
Here are some repossession industry statistics.
Recovery Database Network (RDN) is a leading software provider for the repossession industry. RDN reported 10.5 million repossession assignments in 2025. According to RDN the industry carried a 31% recovery percentage in 2025. A chart published in CURepossession.com showed a decrease in recovery percentages from 41% from 2008 to 31% in 2025.
In the 2nd quarter of 2025, the US Bureau of Labor Statistics (BLS) reported 866 full time repossession companies with 7,764 employees, up from 848 in 2020. In 2025 the BLS reported 10,838 towing companies with 72,916 employees. You do the math! Fact…It is impossible for 866 repossession companies to pick up 10M cars in a year. The client base knows this, but they must repossess their collateral which causes them to take some risk. In an effort to raise the recovery percentages, some lienholders and most title loan companies are sending repossession assignments to tow companies across America. This is a fantastic opportunity for a tow company looking to increase yearly revenue without having to re-create the wheel…you have staff, you have tow trucks, and you have storage space. You must, however, update your policy on training and credentialing drivers to perform repossessions. Now, let us look at the numbers$$. You need to have some idea how big the repossession market is. In 2024, the North American Industry Classification System (NAICS) reported the repossession industry generated approximately $1.2 billion in revenue. If there were two million repossessions in 2024 at an average repo fee of $600. That would add up to…you guessed it… $1,200,000,000.
OK, and that is $1.2B in generated revenue with only 31% of 10M repo assignments recovered. Let’s just say, the remaining 69% of the repo assignments were picked up, that would equate to $4,140,000,000. This is over 4B in non-generated revenue the repossession industry has left on the table. Theres room at the table, would you like a seat?
I have just shared with you some positive aspects of the repossession industry. Now, let’s turn to the negative side: most tow companies nationwide lack factual knowledge of the repossession business, but still except repossession assignments every day. This bad habit frequently violate consumers rights and ends up as a complaint, then a lawsuit against the tow company, the lender, and the driver who received little or no training is filed with the courts…and chances are, you will lose in court.
In the great State of Texas, I am reviewing at least three wrongful repossession lawsuits where the tow truck driver failed to discontinue the repossession after objections from the consumer. The failure of the driver to discontinue the repossession has caused the consumer to be run over by the tow truck. These individuals sustained serious injuries, and in some cases, fatalities occurred. The driver of the tow truck testified to never hearing the term “Breach of Peace.”
It is notable that, among the wrongful repossession litigation cases in which I have been retained, few lawsuits involved reputable and professional repossession companies. This is easy to understand, if you train and certify your employees, they make poor decisions less often. My analysis indicates that this is attributable to the fact that most legitimate repossession companies prioritize comprehensive training, certification, and the employment of certified repossessors, or they have the employees receive repossession training before letting them loose on the streets. Repossession companies train employees in consumer protection laws and repossession credentialing. Most tow companies just do not.
Consider a scenario in which 6.9 million cars are parked in a huge parking lot within a few miles of your office. All of the cars will need to be towed. The parking lot manager requires that all towers have specific training in order to participate in the towing process of these particular cars. Would you become interested in towing these cars if all you had to do is provide some additional, available training to your company employees…I think your answer would be yes.
Tools Of The Trade. To compete in the repossession business, you will need to update your company equipment.
• Rollback for delivery purposes
• Wheel-lift tow truck for speed and stealth
• Knowledge and equipment for making keys.
• License Plate Recognition (LPR) if you want to have volume assignments.
• Vehicle entry tools
• Wrongful repossession insurance
• Certified Commercial Recovery Agent certification (CCRA)
• Personal property removal area and storage (Items inside repossessed vehicle is
considered personal property)
• Repossession software (for communication with clients)
There are various levels of repossession service providers. Some repossession companies receive thousands of assignments per month, and others receive only a couple of hundred. The number of repossession assignments per month will be up to you and how you decide to scale your repossession department. I am thrilled to announce I have been asked to introduce the Repossession Credentialing Seminar at the 2026 American Towman TowXpo in San Antonio, Texas. The seminar will consist of two days of fast-paced learning. Safety and consumer
protection will be a part of the two-day, 2 ½ hour per day course. I am also thrilled to announce that repossession industry legend Ron L. Brown from the well-respected Eagle Group XX will join me. Ron is a highly sought-after speaker on repossession training, policy, and procedure, and will introduce his specifically designed credentialing training to both the San Antonio and Baltimore Shows. I will include in the seminar the advantages of providing commercial vehicle repossessions to the commercial lender clients.
Ron and I will be bringing to you over 100 combined years of repossession knowledge.Ron L. Brown will instruct the attendees on Breach of Peace, GLBA, FDCPA and UDAAP violations as well as recognized standards in the repossession industry. Ron and I will discuss what it takes for the attendees to become more involved in the repossession process. Whether you are a repossession company or a towing company, you can expect access to many years of knowledge and experience. Looking forward to seeing all of you in San Antonio and Baltimore.
Stay safe.
Mark Lacek