Illegal Repossessions and Breach of Peace

When individuals fall behind on vehicle payments, the possibility of repossession can loom large. While it’s legally permissible for creditors to reclaim property after a default, repossession must be carried out within the boundaries of the law. One critical aspect of a legal repossession is the avoidance of a breach of peace. Breach of peace occurs when the repossession process escalates into unlawful conduct, which could lead to significant legal consequences for both creditors and their agents.

What is a Breach of Peace?

A breach of peace, in the context of repossession, refers to any action that disturbs the peace, safety, or order of a community. It can include physical violence, threats, or actions that could incite fear, panic, or harm to individuals. Repossession agents and creditors must adhere to strict guidelines to avoid violating these boundaries.

For instance, a creditor cannot use physical force or threats to take property from a person’s home or workplace. They cannot break into a home or garage, even if the car is parked inside. The law also prohibits repossession agents from blocking the driveway or otherwise physically preventing a person inside a vehicle from driving away. They may not lift occupied vehicles and of course cannot physically intimidate or harm consumers either.   

Illegal Repossession and Its Consequences

While repossession laws vary by state, there are universal principles that apply across most jurisdictions. If a repossession agent engages in a breach of peace, the agent must cease the repossession attempt or the repossession can be deemed illegal. This can open the door for a range of potential legal actions, including:

• Civil Lawsuits: The individual whose property was wrongfully repossessed may have grounds for a civil lawsuit. Damages may include compensation for the value of the property, emotional distress, or punitive damages. In many cases, an individual can also sue for the violation of their rights, particularly if the breach of peace resulted in physical harm or significant emotional trauma.
• Criminal Charges: In extreme cases, breach of peace during repossession can escalate into criminal conduct. If an agent uses threats or violence, criminal charges for assault, battery, or trespassing could be filed against the repossession company or the agent personally.

What Constitutes a Breach of Peace in Repossession?

Several actions may be considered a breach of peace during a repossession:

1. Violence or Threats: The use of any form of violence or threats to force the return of property, even if the agent feels justified.
2. Trespassing: Entering private property without permission to repossess a vehicle or item, such as breaking into a garage or home, constitutes a breach of peace. However, finance agreements often allow repossession agents to enter onto your private property to repossess property not otherwise secured inside a building, garage, or other secured area. For instance, they may be able to repossess your vehicle parked in an open driveway.
3. Property Damage: Damaging a person’s property in the process of repossession, such as breaking windows or doors, can be considered unlawful. But minor damage to the property being repossessed is often insufficient.
4. Harassment: Continuous harassment or intimidation, including calling multiple times a day or making threats, banging on your door repeatedly demanding access to the vehicle, use of profanity or slurs, and other conduct could be found to breach the peace.
5. Lifting an occupied vehicle: It is illegal for a repo man to lift a vehicle while it is occupied by a person, even if the repo man does not know the vehicle is occupied.         

Protecting Your Rights

If you believe a repossession has been carried out illegally or in violation of the peace, it’s crucial to take immediate action. You should first contact our law firm to understand your rights and the next steps. In many cases, we can help you determine whether the repossession agent violated the law and what legal recourse you may have. IMPORTANT: if your vehicle has already been repossessed, an you intend to redeem it, please send us a copy of any document they want you to sign before signing it to avoid losing any potential claims.

Repossession is a difficult and often stressful experience, but understanding your legal rights can help you navigate the situation more effectively and prevent illegal practices like breach of peace from taking advantage of you. Contact us today, we’ll review your potential case for free and without obligation, and if we can help, we’ll charge the repo company and/or your lender for your attorney fees, meaning we are free to the consumer.