She protested the repossession and jumped inside the car along with her daughter. 1992).Īnother time a consumer caught a repo man in the process of repossessing her vehicle. The consumer was left in the yard until she was later rescued by her husband and the police. The repo man continued with the repossession, drove the car and the consumer to a repossession yard, and left her there in a padlocked yard patrolled by a Doberman Pinscher guard dog. She protested the repossession, jumped inside the car, and locked the doors. In one case, a consumer caught a repo man in the process of repossessing her vehicle. Repo While the Consumer Was Still in the Car There are repo horror stories out there about repo men really crossing the line. Not all repo men are “this nice” when breaking the law. Likewise, an auto repo can’t occur in a gated community or apartment unless they have legal access within the property to start. Still, repo men regularly violate consumers’ rights to repossess the vehicle (or other product).įor example, laws for repossessing a car provide the repossession man cannot enter a closed garage to repossess your vehicle (but they can take a car sitting in your driveway). What Happens When the Peace is Breached During the Process of Repossessing a Car?Ĭar loan repossession laws and repossession procedures are strict. If you believe that a repo man crossed the line in taking your vehicle, or has stolen your personal property from within a vehicle that was repossessed consider contacting a consumer protection attorney. If you discover that your vehicle has been repossessed from a locked area of your property, video the scene, focusing on any broken/cut or removed locks or chains, as well as any damage done to the points of entry. If the police are present at repossession, make sure to get the officer’s name and a copy of any report the officer makes regarding the incident. And you are in fear for your safety you can contact the police. If a loud and rowdy confrontation arises, make note of the individuals who witnessed the incident or were affected by it. Video the encounter on your smartphone (or have a family member do so) so that you can prove what happened. If he does’t, he’s likely breached the peace during the repossession. Saying something as simple as “you may not take the car” generally suffices under laws for vehicle repos as an “unequivocal protest” and will require the repo man to stop the repo process. If you catch a repo man in the act and you want to stop the repossession just unequivocally protest it. You can almost always stop a vehicle repossession peacefully. What if the Repo Man Breaches the Peace During the Repossession? And except for a voluntary repossession vehicle, a breach of peace while repossessing a vehicle is always a possibility so be prepared. If you are expecting repossession or have been already repossessed there are things you should know about repossession, including steps to take to mitigate or lessen the consequences of repossession. If they do you may be entitled to actual and statutory damages under federal and state law as well as legal representation at no cost. In fact, the repossession company cannot violate any repo laws or other laws during an auto repossession, including during the post repossession procedure. If one occurs your auto lender or the repo company may be required to pay a penalty or compensate you for any harm done to you or your property during the auto repossession process. Breaching the peace during an auto loan repossession can include using physical force or threats of force and breaking into locked buildings.Īll laws on repossessing cars prohibit breaches of the peace. Repossession law prohibits a repo man from committing a “breach of the peace” during the repossession process.
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