The repossession man cannot ‘breach the peace’ to take your car

On Behalf of | Dec 28, 2018 | Wrongful Repossession

We’ve all heard stories about the repo man, and if you’ve defaulted on your auto loan, you could be in danger of having this person pay a visit to your home. In fact, in the case of most car loans, if you fail to pay the monthly payments, the owner of your debt has the right to send someone to repossess your property. However, you will have certain rights when dealing with the repo man. For example, repossessors cannot “breach the peace” when trying to take your property back.

In this context, breaching the peace refers to several things. The repossession man cannot come onto your property and access a locked area without your permission. If you leave your garage door open, the repo man can enter your garage and take your vehicle away. If your garage door is locked, on the other hand, the individual cannot break into your property.

Still, this does not mean it’s a good idea to lock up or hide your property to bypass the threat of repossession. This could get you into more trouble with the law in some cases. Your best course of action when facing the threat of repossession is to contact the bank that issued your loan to see if you can negotiate a way to come clean on your debt. Or, if you don’t plan to make any payments, you may want to make an arrangement with assist with the repossession of your property. You are, after all, the one who is responsible to pay for the repossession man’s services, so you might as well make the job as inexpensive to complete as possible.

Sometimes, dishonest companies and lenders try to repossess items they have no right to take. Don’t let yourself be victimized. If you have questions about your legal rights pertaining to the repossession of your property, our law office is available to help.

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