When it comes to vehicle repossession, there are specific rules and limitations that repo agents must follow to avoid breaching the peace. While repo men can generally enter your property to seize your vehicle, they are not allowed to use physical force, threats, or break into a locked garage or other secured storage facility.
Repo Men and Locked Garages
If your car is parked in a locked garage or behind a secured fence, the repo agent is not legally allowed to break in or force their way through to repossess the vehicle. Doing so would be considered a breach of the peace, which is not permitted under the law. The repo agent would need to obtain a court order, known as a “replevin,” in order to legally access the vehicle in a locked or secured location.
Repo Men and Unlocked Property
On the other hand, if your car is parked in an unlocked driveway or an open yard, the repo agent can legally enter your property to seize the vehicle. However, they still cannot use physical force or threats to remove you or anyone else from the car. The repo agent must proceed with the repossession in a peaceful manner.
Consequences of Illegal Repossession
If a repo agent violates the law by breaking into a locked garage or using force to repossess your vehicle, you may have grounds to take legal action. This could include filing a lawsuit for damages or even a counterclaim against the creditor for the illegal repossession. It’s important to document any such incidents and consult with a local attorney to understand your rights and options.