Car repossession can be a stressful experience when you’ve fallen behind on payments. Creditors have the right to repossess your vehicle, but there are limitations to how they can do it. A key question many car owners ask is: Can a repo man legally break into a garage to take a car? The answer involves understanding the concept of “breaching the peace.”
What Does “Breaching the Peace” Mean in Car Repossession?
Repossession laws allow creditors to use “self-help” to reclaim a vehicle. This means they don’t always need to go to court to get your car. However, this self-help repossession is not without boundaries. Repo agents must not “breach the peace” during the process. Breaching the peace generally involves actions that could cause violence or confrontation. This includes using force, threats, or damaging property to get to the car.
Garage Entry: A Definite “Breach of the Peace”
If a repo agent has to break into a locked garage to access your vehicle, this is almost certainly considered “breaching the peace.” A garage is considered private property, and forcibly entering it goes beyond the acceptable limits of self-help repossession. Repo agents cannot cut locks, break down doors, or damage your garage in any way to get to your car.
This action would not only be considered a breach of the peace but could also expose the repossession company to legal repercussions.
Your Legal Options if a Repo Man Breaches the Peace
If a repo man illegally breaks into your garage to repossess your car, you have legal recourse.
- Defense in a Deficiency Lawsuit: If the lender sues you for a deficiency balance (the remaining amount you owe after the car is sold at auction), you can use the “breach of peace” as a defense. This could reduce or eliminate the amount you owe.
- Counterclaim for Damages: You can also file a counterclaim against the lender or repossession company for damages caused by their illegal actions. This could include the cost to repair your garage, damaged locks, and potentially other related damages.
Replevin: The Legal Way to Repossess from a Garage
If your car is in a locked garage and the creditor wants to repossess it legally, they will likely need to pursue a court order called “replevin.” Replevin requires the lender to go to court and obtain an order compelling you to turn over the vehicle.
If a court grants a replevin order and you still refuse to surrender the car, law enforcement, such as the Sheriff, may then be authorized to enter your property, potentially even your garage, to enforce the court order and take possession of the vehicle. This is a legal procedure, and different from a repo agent breaking in without legal authorization.
Seek Legal Advice
Car repossession laws and what constitutes “breaching the peace” can be nuanced and vary by jurisdiction. If you are facing car repossession, especially if your car is in a garage or if a repo agent has breached the peace to repossess your vehicle, it is crucial to consult with a local attorney to understand your rights and options. They can advise you on the specific laws in your state and help you take appropriate action.
