Car repossession can be a stressful and confusing process. While lenders have the right to repossess your vehicle if you default on your loan, they—and the repo companies they hire—must follow the law. A critical aspect of repossession law is the prohibition against “breaching the peace.” Understanding what constitutes a breach of peace and what your rights are can be crucial in protecting yourself during a vehicle repossession.
Repo men taking cars are bound by specific rules, and violating these rules can have serious consequences for the lender and the repo company. If a repo man breaches the peace while attempting to repossess your car, you may have legal recourse. This article will explain what “breach of peace” means in the context of car repossession, what actions are considered illegal, and what you should do if you believe a repo man has violated your rights.
What Constitutes a “Breach of Peace” During Repossession?
Repossession law is designed to allow lenders to recover their collateral (your car) without causing unnecessary confrontation or violence. A “breach of peace” occurs when a repo man’s actions go beyond simply taking the vehicle and instead involve aggressive, confrontational, or illegal behavior. Laws regarding car repossession aim to prevent exactly this kind of overreach.
Here are some common examples of what is considered a breach of peace during a car repossession:
- Physical Force or Threats: Repo men are not allowed to use physical force against you or threaten you with violence. This includes hitting, pushing, or even verbally threatening you.
- Entering a Locked Garage or Building: A repo man cannot break into a locked garage or other secured building to repossess your vehicle. However, they can repossess a car from your driveway or an open carport.
- Taking a Vehicle Over Your Unequivocal Protest: If you clearly and directly tell a repo man that they cannot take the car, and they proceed anyway, this is generally considered a breach of peace. This is often referred to as an “unequivocal protest.”
An image depicting a repo man in the process of hooking a car up to a tow truck, ready for repossession.
Your Rights When Confronted by a Repo Man
If you find yourself face-to-face with a repo man attempting to repossess your vehicle, it’s important to know your rights and how to react to protect yourself.
1. Unequivocally Protest the Repossession:
You have the right to verbally protest the repossession. Saying something like “I do not want you to take this car” or “You cannot take this car” is usually enough to constitute an unequivocal protest. Under most vehicle repossession laws, this protest requires the repo man to stop the repossession process. If they continue after your clear protest, they are likely breaching the peace.
2. Remain Calm and Peaceful:
While it’s natural to be upset, it’s crucial to remain calm and avoid escalating the situation. Do not resort to physical force or threats yourself, as this could complicate matters and potentially put you in legal jeopardy.
3. Document Everything:
If possible, start recording the encounter with your smartphone. Video evidence can be invaluable in proving what happened, especially if the repo man breaches the peace. Note down the names and contact information of any witnesses present, including neighbors or family members. If the police arrive, get the officer’s name and request a copy of any police report.
4. If the Repossession Has Already Occurred:
If you discover your car has been repossessed and you suspect a breach of peace occurred (e.g., broken locks, damage to property), document the scene immediately. Take photos and videos of any damage, broken locks, or signs of forced entry.
A close-up shot of a damaged lock on a garage door, illustrating potential property damage during an illegal repossession attempt.
Examples of Repo Men Breaching the Peace
Unfortunately, there are instances where repo men overstep their legal boundaries. Here are some real-life examples that illustrate what constitutes a breach of peace:
- Repo While Consumer Still in the Car: Cases where repo men have driven off with the car while the owner was still inside, even locking them in a repossession yard, are clear breaches of the peace. These actions endanger the consumer and go far beyond a peaceful repossession.
- Repossessing the Wrong Vehicle: Taking the wrong car, especially when children are inside, is not only a breach of peace but also demonstrates negligence and disregard for safety.
- Physical Violence: Any instance of a repo man physically assaulting or grabbing a car owner to take the vehicle is a serious breach of the peace and likely a criminal act.
These examples highlight the importance of knowing your rights and being prepared to document any illegal or aggressive behavior by a repo man.
What to Do If Your Rights Are Violated
If you believe a repo man has breached the peace during the repossession of your vehicle, you have options:
- Contact a Consumer Protection Attorney: An experienced consumer protection attorney can advise you on your legal rights and help you pursue a claim against the lender and/or repo company. You may be entitled to compensation for damages, penalties, and even legal fees.
- File a Complaint: You can file complaints with consumer protection agencies and regulatory bodies in your state. This can help bring attention to unethical repossession practices.
Even if a breach of peace didn’t occur, you might still have rights violations under laws like the Truth In Lending Act, Fair Debt Collection Practices Act, and others. Consulting with a lawyer is always recommended to understand the full scope of your rights.
Conclusion
Dealing with car repossession is difficult, but knowing your rights can empower you to protect yourself from illegal and unethical practices. Repo men taking cars must operate within the boundaries of the law, and breaching the peace is a serious violation. By understanding what constitutes a breach of peace and knowing how to respond, you can safeguard your rights and seek legal recourse if those rights are violated. If you believe a repo man has acted illegally during a repossession, seeking advice from a consumer protection attorney is a crucial step in understanding your options and pursuing justice.
