A breach of the peace during a repossession can occur when a repo agent uses force, threats, intimidation, or other conduct that turns a self-help repossession into a serious confrontation.
As a reminder from Blog #1 of our Illegal Repossession 101 series, just because a lender has a right to repossess a vehicle does not mean it has the right to repossess it however it wants.
One of the biggest limitations on a lender’s right to use self-help repossession is that the repossession must occur without a breach of the peace.
So, naturally, the next question is:
What does “breach of the peace” actually mean?
What Is a Breach of the Peace During a Repossession?
Some cases are complicated.
Some aren’t.
If a repo agent gets into a physical confrontation with a consumer to take a vehicle, that is the type of conduct at the heart of the breach-of-the-peace rule. Courts have repeatedly treated violence, threats, intimidation, and conduct likely to provoke violence as central considerations.
Put differently: self-help repossession is supposed to be peaceful.
It is not supposed to look like the final scene of an action movie.
Can a Repo Agent Take a Car While You Are Still Inside?
This is another scenario we see.
Imagine you’re sitting in your vehicle. A repo truck arrives. The driver wants the car.
There is an obvious problem.
You are still in it.
A creditor’s right to repossess a vehicle does not give a repo agent a free pass to create a dangerous physical confrontation with the person occupying it.
Whether particular conduct constitutes a breach of the peace ultimately depends on the facts and applicable state law, but the use of physical force—or conduct creating a serious likelihood of violence—is precisely the type of conduct courts examine in breach-of-the-peace repossession cases.
And, as a practical matter, there is a very easy solution available to the repo agent:
Stop.
Remember, nobody is forcing the lender to use self-help. If the vehicle cannot be recovered peacefully, the creditor can resort to the judicial process.
Can a Repo Agent Enter a Garage or Private Property?
Another important question is: where was the vehicle?
A car sitting openly in a driveway is very different from a car locked inside a garage.
Courts have long distinguished between relatively nonintrusive entry onto an open driveway and breaking into a home, locked garage, or other closed structure.
Florida’s Supreme Court similarly explained that, generally, a creditor cannot enter a debtor’s home or garage without permission, while taking a vehicle from an accessible driveway may be permissible.
So:
Car sitting peacefully in an open driveway at 3:00 a.m.? Maybe lawful.
Repo guy cuts your lock, opens your garage and helps himself?
We should probably talk.
Why Must a Self-Help Repossession Be Peaceful?
Because the lender has an alternative.
If peaceful self-help isn’t possible, the lender can use the courts.
That’s the tradeoff. The law gives secured creditors the extraordinary ability to recover collateral without first obtaining a court order—but that shortcut comes with restrictions.
Self-help means peaceful self-help.
When force, violence, serious confrontation, or prohibited intrusion becomes necessary to get the vehicle, the creditor may have crossed the line.
And that can turn an otherwise lawful repossession into a potential illegal repossession claim.
What Should You Do if a Repo Agent Used Force or Threats?
If you believe a repo agent used force, threats, intimidation, or improperly entered a closed area while repossessing your vehicle, preserve any evidence of what happened.
That may include photographs, videos, security-camera footage, text messages, police reports, witness information, communications with the lender or repo company, and any documentation related to the repossession.
Whether the conduct constitutes a breach of the peace depends on the particular facts and applicable state law.
Think Your Car Was Wrongfully Repossessed?
Marcus & Zelman represents consumers in illegal and wrongful repossession cases nationwide.
If a repo agent used force, threats, intimidation, created a serious confrontation, or improperly entered a garage or other closed area while taking your vehicle, contact us to have the repossession reviewed.
There is no cost to have us evaluate your potential unlawful repossession case.
This article is for informational purposes only and does not constitute legal advice. Breach-of-the-peace law varies by state, and whether a repossession violates federal or state law depends on the particular facts and applicable law.