Most courts have ruled that you CANT enter a closed dwelling. Carport yes, garage NO. Call a local attorney NOW with the facts and any witnesses you have. Good Luck
yes
no
Not if its closed.
In some places it is not permitted for a repo man to enter a closed garage. In California, for example, a repo person can come on to private property to locate and take a vehicle, but cannot enter a locked placed, can't go inside the house, can't threaten or bully. This is not universal. In some areas the repo man can break open locks, etc.
Nowhere is it legal for breaking and entry. Repomen/woman cannot enter a closed garage or locked gate to aquire property
The car can only be repossessed from a locked garage if the car is spotted in the garage from a window or a crack, but the repo company cannot enter the garage if the car was not visibly spotted.
he cannot break & enter to get the car.
The reason a car is being repossessed is due to non payment (as promised in written and signed agreement). Until the buyer or lessee has clear title to the vehicle, they have no rights in ownership. Housing a car you don't own in a locked garage is illegal - it is then considered 'stolen' and with the proper court documents, the agency can enter and remove the vehicle.
Anywhere except Federal Property (unless they have the necessary permits and licensing) and Native American Reservations (unless they have the permission of the tribe). So, pretty much anywhere. The single exception is that they may not enter a closed building such as a garage, however, if the can successfully hook the car from outside the garage, most states will turn a blind eye to the vehicle being dragged out an open door. And, if you have the vehicle closed in the garage, the driver will attempt to request you surrender it. If you refuse, likely as not he will return with a replevin and a law enforcement officer to take possession of the vehicle. Just give it up.
Repo people are the scum of the earth. They are nothing more than prostitutes for finance companies. Yes, the can follow you as long as they do NOT try to physically remove you from your vehicle. That would be an assault. If they enter your private property, you can tell them to leave, if they don't, that is criminal tresspassing. Anytime you park your vehicle, either have it parked in a closed garage or have it blocked by other vehicles. Repo folks cannot enter a closed garage (at your house) or remove any vehicles blocking your vehicle. Repo folks can have keys cut to your vehicle WITHOUT your permission. Repo folks can tell you by law, you must give up your vehicle to them...THAT IS A LIE I am in the towing business and they cause so much trouble for towing companies. If you get out of your unattended vehicle for just an instance, consider your vehicle GONE ........
No that is called breaking and entering.But stupid things like breaking the law have never stopped some repo companies.You should sue the lender not the repo criminnal.Check for damage and file a police report.Then sue you don't need a lawyer you represent yourself. The repo company cannot "Breach the Peace" to get a vehicle. In short, that means they cannot; pull you over or make you stop while driving down the road. Or, physically remove you from your vehicle. They must leave your property when requested to do so. They connot enter a closed private garage. Remember, the rules of leaving property are different for (home owner v. renter, public garage, apt. complex etc.) Keeping a vehile listed for repossission in a closed garage will help you out in the short term. The repo company can and will go back to the lender and obtain a court order to come inside the garage and take possession of the vehicle. This may take a matter of two weeks to a month. If that is all the time you need to get caught up or file the necessary BK paperwork it might be a good plan. But keeping the vehicle in a closed garage will not help out forever.
Yes, as long as the action does not constitute a breach of peace. The repossession agent may not however, remove a lock on a gate or enter a closed structure such as a garage whether it is locked or not. In a few states the repossessor cannot enter posted property, or can only do so at their own risk.