I have my car inside my garage but I know it is up for repo. Can they come into my garage or property to take the car?
It is probably better off rewording this question to will a repoman or repossession agent come into my garage to take my car that is up for repossession? The answer is probably yes even though they are not supposed to. They are supposed to get what’s called a replevin order which allows them inside your property to take back the car. That being said a repoman will usually figure out how to get you to open it up, perhaps run a hose inside the garage flooding it out or maybe find a garage door opener that might work giving them enough time to grab the car. You just never know what some repo men will do.
They figure that even though this is a strict violation that the debtor just doesn’t know it is a breach of peace. This same question can be used for several different scenarios that also end up in breach of peace.
Entering closed enclosures to perform a repossession
Can repo men go inside my backyard even though it is locked but the car is visible? This is exactly the same answer, they are not supposed to go in unless the gate is open with no lock. However, will they walk away if the gate is closed? Sometimes an agent that thinks there is another way will walk away and try to catch it on an open day or away from the yard, but in many cases the repo men will open the gate and handle the repo. They figure that the odds are so low of this ever getting into a legal battle and they are usually correct. Breach of peace is done everyday and even if it gets to legal, it’s rare they will sue for breach of peace but rather just file a bankruptcy
It’s one of those things that consumers usually don’t act upon. Similar to that of an article I wrote here on how Ford Finance either called for police help themselves or the repo men Ford Finance used called upon police help where the cops went to the house and left a card that stated either turn in the car or be charged with grand theft. This was an obvious breach of peace in order to get the unit before charge off by way of threat or unlawful power or whatever legal term can be used. However the debtor even though had a clear law suit never sued but kept the evidence in case of a deficiency balance suit, where they could have countered with wrongful repossession or alike. It was a case where someone decided to aggressively take a shot and it worked out. Was it worth the risk, to me no, but perhaps to Ford Finance and it’s contractors yes. Some finance companies will get super aggressive knowing odds are in their favor.
When charge off date gets close, it seems that both banks or finance companies and repo men get much more aggressive in their efforts to secure the unit. In some cases a bonus will be involved in order to beat the charge off date.