So your car was repossessed? It could be that your car was not PROPERLY or LEGALLY repossessed. Here’s what constitutes a legal repo vs. a not so legal repo.
Rules: There must be a “Breach of the Peace” in order for an illegal repossession to take place. If the repo agent does breach the peace, you have a case.
Examples:
- Repo man cannot trespass on private property.
- Repo man cannot break into a garage or break locks or use bolt cutters to obtain access to secured facility to obtain vehicle.
- Repo man MUST leave private property once he/she is warned of trespassing.
If there is a breach of the peace, repossession agents are not allowed to continue to repossess your car without a court order. Doing so may violate the FDCPA vehicle & various state laws.
Additionally, if the police assist with the repossession and force you to give up your car (without a court order), your civil rights may also have been violated.
If you think your vehicle was wrongfully repossessed (or may be in the future), you could review the Fair Debt Collections Practices Act for the legal details, or you can contact our professional legal team for a free consultation. You may be entitled to money damages (and/or waiver of any remaining balance) and force the collector to pay your attorney fees and costs!
