The wrongful repossession of a motor vehicle can feel like a violation against your person and dignity. Worse, since the average person does not know what constitutes a wrongful repossession, most fail to seek a remedy.
Below, you can find out what agents may do and what they may not do during the repossession of an automobile. Such knowledge can give you clarity about your situation and guide you in taking action against wrongful repossession.
Prohibited repossession tactics
Certain actions during the repossession process are strictly prohibited to protect consumers and the public. In Minnesota, repossession agents must avoid actions that constitute a breach of the peace, such as:
- Using threats, intimidation or physical force
- Breaking into locked garages
- Using deceptive practices (impersonating the police, etc.)
- Repossessing when the loan is not in default
Failing to provide proper notice of the repossession after the creditor has already accepted late payments may also be deemed wrongful repossession.
Legal vehicle repossession practices
Repossession is permitted if the loan is in default, proper notice was given and no unlawful acts occurred. Here are three examples of what repossession agents may do during the process.
- Repossess from public property or open, accessible areas without force
- Contact local law enforcement to ensure a peaceful, legal process
- Repossess via specific directives in a court order, if issued
As you can see, no one has a right to mistreat you or your property during a repossession.
If you believe your vehicle was wrongfully repossessed or your rights violated, consider seeking a legal opinion from someone who can offer insight and guidance.
