Do Police Get Involved in Repossessions?
Police involvement in repossessions is a complex and often misunderstood topic. While law enforcement may be present during a repossession, their role is strictly limited to maintaining peace and order, not assisting the repo agent in taking the vehicle.
The Legal Boundaries of Police Presence
Repossession is primarily a private matter between the lender and the borrower. Repo agents are not permitted to request police assistance in seizing a vehicle. In fact, even threatening to call the police to aid in repossession is a violation of the Fair Debt Collection Practices Act.
What Happens When Police Are Called?
If law enforcement is called to the scene of a repossession, they are there to:
• Prevent violence or confrontations
• Ensure public safety
• Maintain order
They should not:
• Assist the repo agent in taking the vehicle
• Order the borrower to surrender the keys
• Threaten arrest for refusing to cooperate with the repossession
Protecting Your Rights During a Repossession
If you’re facing a repossession and police are present:
Remain calm and cooperative with law enforcement
Clearly state your objection to the repossession
Document the interaction, if possible
Do not resist if an officer gives you a direct order
When Police Involvement Crosses the Line
If police actively assist in the repossession by:
• Ordering you to turn over your keys
• Threatening arrest for non-compliance
• Physically helping the repo agent
This may constitute a breach of your constitutional rights and could be grounds for legal action.
Steps to Take if Your Rights Are Violated
If you believe police have overstepped their boundaries during a repossession:
Document everything that occurred
Gather witness statements
Obtain a copy of the police report
Consult with a consumer rights attorney
Remember, understanding your rights and the proper role of law enforcement in repossessions can help protect you from potential abuses of power.