UPDATE: Criminal Charges Unlikely in Case of Wrong Repossession Mistake

More Video...

UPDATE 8/28/13 @ 6:20 p.m.
LOGAN, W.Va. (WSAZ) -- A major mistake caused a woman to come home to an empty house. She returned home to find a repossession company removing the last few pieces of furniture from her home.

As it turns out, the company had the wrong address. Now there are questions about whether there will be consequences and who will pay them.

The homeowner, Nikki Bailey, lives in Logan. According to her attorney, the repossession company, CTM Industries in Rivesville, was told to remove everything from the house on Godby Heights in Logan.

However, Bailey lives along Godby Street in Logan. Godby Heights is in Chapmanville.

It's still unclear who got the address wrong: if it was CTM or the bank that ordered the repossession.

WSAZ.com caught up with a prosecutor who says whoever made the mistake cannot face criminal charges, but there will more than likely be civil ramifications like money and restitution.

"It’s a lot like taking someone's luggage at the airport. If I take a black bag, a black piece of luggage, get home and realize this is not my bag -- that's not a crime. That's an accident,” Kanawha County Prosecutor Mark Plants said.

We called CTM to find out what bank ordered the repossession. They refused to answer, and then hung up.

Bailey says CTM workers told her everything was taken to the dump.

WSAZ.com has several calls into the Attorney General's office to find out if that is the proper protocol when repossessing a home.



ORIGINAL STORY
LOGAN, W.Va. (WSAZ) -- A woman is trying to put her life back together after returning home to an empty house.

Nikki Bailey got home from visiting her best friend in the hospital just in time to see the repossession company leaving.

“I was ready to rip out an IV and leave that hospital,” Pat Fot, Bailey’s best friend, said.

Fot knows Bailey makes her house payments.

“Everything was gone,” Bailey said. “Living room furniture, my Marshall diploma, my high school diploma, my pictures -- my history. I was teacher of the year. All of that stuff is gone -- certificates from that. It's all gone.”

As it turns out, the company had the wrong house.

The repossession company was told to remove everything from the house on Godby Heights in Logan. Bailey lives on Godby Street. Godby Heights is in Chapmanville.

“It just seems kind of ridiculous that this actually happened when a phone call could have stopped it,” Attorney Tim DiPiero said.

DiPiero is working to make sure Bailey gets compensated for everything she has lost.

“This is a person that her life has been ripped out because there's no laws to protect these kind of situations,” Fot said.

Bailey asked the company where they took her stuff. She was told it was all taken to the dump.

Bailey's attorney is also trying to pin down where the mistake was made. The repossession company, CTM Industries, did go to the wrong house, but the address they were given by the bank wasn't accurate. DiPiero is currently trying to figure out which bank ordered the repossession.


Comments are posted from viewers like you and do not always reflect the views of this station.
powered by Disqus
WSAZ NewsChannel 3 645 Fifth Avenue Huntington, WV 25701 304-697-4780 WSAZ Charleston 111 Columbia Avenue Charleston, WV 25302 304-344-3521
Gray Television, Inc. - Copyright © 2002-2014 - Designed by Gray Digital Media - Powered by Clickability 221393691 - wsaz.com/a?a=221393691