While auto lenders can repossess your car without a court order for failing to pay make payments on an auto loan, it is illegal for them to breach the peace while taking the cars. And if the owner objects to the repossession, the repo man must stop the repossession. These actions are what is known as a "breach of peace" and the law prohibits creditors -- or the repossession companies they hire -- from doing so while repossessing a car. Both consumer law and the Fair Debt Collection Practices Act give consumers rights if a repo company breaches the peace. If you believe that a repossession agency breached the peace while taking your car, call our law firm for a free consultation with a repossession attorney (888) 400-CREDit | (888) 400-2733.
A Breach of Peace
A breach of peace is any activity that might cause violence during a vehicle repossession. Common ways that a breach of peace can occur include,
Objections — Taking the vehicle over the borrower's objections is a breach of the peace. If there is an objection before your vehicle is hooked up to the tow truck, the repos agent is required to break off any repossession. If they still want to repossess the vehicle, they must try again when there is no objection.
Trespass -- A repossession man may not stay on your property if you do not allow them there. Even if your contract with the secured party allows them to trespass, those provisions are generally illegal and cannot defeat your rights to keep them off of private real estate. Repossession companies cannot be on your property if you don't consent.
Violence -- Repossession agents are not allowed to engage in any violence, physical force, or threats of force.
Breaking and Entering -- Vehicles that are in a closed garage or locked spaces cannot be repossessed without the permission of the owner. Breaking into a locked garage or fenced yard causes a breach of the peace and violates the law.
Police Involvement -- Law enforcement officials are not allowed to assist in repossessions. At the same time,repossession companies are not allowed to request help from the police. If the police have arrived at the scene of a repossession, the peace has been breached.
If a repossession agent has breached the peace while repossessing your car, call our law firm for a free consultation with a repossession lawyer. (888) 400-CREDit | (888) 400-2733.
Car Repossession Consumer Rights
While the law allows auto lenders and debt collectors to use self-help repossessions for late payment of a car loan, consumers have rights too. Even if you missed payments, consumer protection laws make it illegal to breach the peace when repossessing any motor vehicle. Under the Uniform Commercial Code (the main car repossession law) if the repossessor commits a breach of the peace, they lose any right to take the vehicle at that time and the repossession process must stop! Additionally, a creditor who breaches the peace during an auto repossession may lose their right to any loan balance or a deficiency balance after an auction. If the repossession agent continues with repossession after breaching the peace, the UCC and the Fair Debt Collection Practices Act (FDCPA) protect your rights. State law allows you to ask for your vehicle back and return of your personal property.
After a repossession, you are entitled to the return of your personal items and a repossession notice explaining how and when your car will be sold. And if your state allows, there will also be instructions on reinstatement of your loan agreement and redemption of the vehicle.
Federal law will allow you to ask for compensation for the illegal repossession and correction of any credit reporting. No matter if you made timely payments or if you defaulted on your car payments, you still have these rights. Even if your creditor made you sign a disclaimer allowing them onto your property, you may still be protected by consumer protection laws. You do not need to file a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy to protect your car. To find out about your right to get your car back with compensation, call our office at (888) 400-CREDit | (888) 400-2733.
The Other Side Pays Your Fees
If you have been the victim of a breach of peace repossession, help is here. Our law office won't charge you any up front fees for consultation, and if we file a lawsuit for you, your attorney's fees for legal services are paid by the other side. There is no charge for a consultation.
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There's no need to fight car dealers by yourself. Your call today is a first step towards an attorney-client relationship that can get you the representation by Michigan's wrongful repossession law firm. Make a phone call today and get the legal advice you need. CALL NOW -- (888) 400-CREDit | (888) 400-2733.
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Our law office is located in Metropolitan Detroit, Michigan. We practice throughout the entire state of Michigan, and we have been admitted to practice and made appearances in several other states where we are not licensed: California, Connecticut, Florida, Georgia, Illinois, Kentucky, Louisiana, New York, Ohio, Oklahoma, and Virginia. If we are unable to practice in the state where your case needs to be filed, we can make a referral to another qualified credit report attorney near you. We primarily enforce Michigan law, but can practice in federal courts outside Michigan.
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