Unlawful Repossession: Breaching the Peace

Like most financial distress, having your car repossessed is not a pleasant experience but if certain things occurred during the actual repossession, you may have been the victim of unlawful repossession and breaching the peace.

When is repossession lawful?

Your car can be repossessed for several reasons, but the most common is that you are in default on your loan (haven't made your payment) or no longer carry insurance on your car. Check your loan documents; the remedy your creditor has to both of these events is repossessing your car.

Your creditor has the right to remove your car from a public parking lot, the parking lot where you work, a public street, your  driveway, or open carport.

When is repossession unlawful?

Your car can be wrongfully or unlawfully repossessed if you don't actually owe your lender any outstanding payments or haven't cancelled your car insurance.

It can also be wrongfully repossessed if it is not the collateral securing the loan that you are late on.

How your car is repossessed can be unlawful if the repossessor does something to "breach the peace".  Breaching the peace is fairly easy to recognize, and if you think it has happened to you contact your local police and also call an attorney who may be able to help you recover your vehicle.

What is breaching the peace?

The easiest way to explain breaching the peace is to give you common examples, which you will see below. If any of these things happens to you during a repossession, remain calm and remember that your personal safety and the safety of any other people, especially children who are with you are your priority. Be polite, and make sensible choices with your reactions that will keep you safe if the person repossessing your vehicle:

• tries to stop you or pull you over while you are driving
• tries to remove you forcibly from the vehicle
• pretends to be a law enforcement officer during the repossession
• enters your closed garage without your permission
• enters your home without your permission
• attempts to break into a locked garage or your home
• creates a loud disturbance or causes a fight
• threatens you with violence or with creating a disturbance or fight

• touches you or anyone with you

Get Legal Help

If your vehicle has been repossessed unlawfully either because you are not in default of the loan contact a local attorney who is experienced with repossession and consumer law. If you believe you have been the victim of unlawful repossession due to breach of peace, contact law enforcement in addition to your attorney.