Facing vehicle repossession is undoubtedly a stressful experience for any borrower. In such tense situations, the presence of law enforcement might be requested by either the borrower or the repo agent. This raises a critical question: can police repo your car?
Let’s delve into the specifics of law enforcement’s involvement in the car repossession process, clarifying their role and your rights.
Can Police Assist with Car Repossession?
When a borrower defaults on their auto loan agreement, the lender, legally, has the right to repossess the vehicle. Typically, in most jurisdictions, a repo company, acting on behalf of the lender, is tasked with retrieving the vehicle. While the specifics can vary by state, often, these repo companies are required to inform the local police department about their intention to repossess a vehicle.
The arrival of a repo agent is rarely a pleasant event for the vehicle owner. Emotions can run high, and confrontations can occur. This is where the police might be called to the scene – by either party involved.
Maintaining Peace, Not Enforcing Repossession
Regardless of who initiates the call, the responding police officers are primarily there to keep the peace and ensure the safety of everyone involved. Their role is to prevent the situation from escalating into violence or disorder.
Breach of Peace: What Police Cannot Do
It’s crucial to understand the limitations of police authority during a car repossession. Police officers cannot legally compel a borrower to hand over their keys, instruct them to “step aside” and allow the repo agent to take the vehicle, or threaten arrest simply to facilitate the repossession. If law enforcement actively assists in the repossession process beyond simply maintaining order, they might be overstepping their bounds and potentially breaching the peace. Such actions could be seen as a violation of the borrower’s rights.
Protecting Your Rights During Repossession
Repo agents, while having a job to do, are also bound by rules. They are prohibited from resorting to threats, using physical force, or entering private property – such as a closed garage – without explicit consent.
If you believe a repo agent has violated your rights, meticulous documentation is key:
- Create a Detailed Written Record: Note down the date and time of the repossession, the repo agent’s name and company, and a step-by-step account of everything that transpired.
- Capture Visual Evidence: Photograph or video record the scene. Ensure you capture the repo agent’s vehicle, its license plate, and the interactions between all parties present – borrower, repo agent, police, and any witnesses.
- Document Vehicle Condition: Take photographs of your car, both inside and out, noting its condition and the odometer reading before it’s taken.
- Record Any Property Damage: Document any damage to your property, such as broken gates, damaged landscaping, or other vehicles.
- Gather Witness Information: Obtain statements from any witnesses, including their names and contact details, and their recollection of the events.
- Request a Police Report Copy: If police were present, request a copy of their official report.
Whether you were behind on payments or believe the repossession was wrongful, the law safeguards you against abusive repossession practices. You might have grounds to file a lawsuit against the repo agent, the police department if they overstepped their role, and potentially your lender.
Seek Professional Legal Counsel
If you suspect your rights have been violated during a car repossession, consulting with a consumer protection attorney is advisable. Firms like Flitter Milz, P.C., with a national reputation in consumer law, can provide a legal evaluation of your situation and advise you on potential courses of action against lenders, repo agents, or law enforcement if your consumer rights have been infringed upon. Consider seeking a free legal consultation to understand your options in the wake of a car repossession.
