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this is a GENERIC definition... BOP is usually decide in the APPEALS Courts. Links at the bottom Breach of Peace. However, even if there is a right to repossession, the repossession agent cannot Breach the Peace in conducting the repossession. That means that the repossession agent in repossessing the vehicle cannot: forcibly remove you from the vehicle; stop you on the street or highway like a law enforcement arrest; enter a closed garage or your home; break into your house; create a disturbance such as a fight or other altercation; threaten any of the above actions; or pretend to be a law enforcement officer while conducting the repossession. If any of these actions occurred you should immediately contact an attorney. courtstuff.com
Wiki User
∙ 19y ago
Wiki User
∙ 14y agoI think CRIMINAL trespass says it all. When I lived in Texas, a Policeman told me if I had to shoot anyone trying to get in my house, to make sure he fell across the threshold so I would be shielded by their "Make My Day" law.
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What is second degree breach of peace?
Some of criminal breaches is termed under the second degree breach of peace. This may be penalized by a jail term.
Is it legal to remove someone else's car in order to repose the proper vehicle in Texas?
Yes. It would constitute a breach of peace, and possible other civil and/or criminal charges.
Is it legal to remove another person's car in order to get to the car that is being repossessed?
No. That would not only result in a breach of peace charge, but probably trespass and tampering with private property as well.
How long does breach of peace stay on your record for?
If it occurred after you were legally an adult, it will remain a permanent part of your criminal history record.
What is considered Breach of peace in Missouri?
There are a set of laws that are called Breach of Peace. In Missouri, a breach of the peace includes any violation of any law that is meant to preserve and uphold peace and good order.
Is every state the same when it comes to Breach of Peace specifically in Virginia?
They all have similar laws meaning that Breach of Peace is covered by two different statutes, civil and criminal. The state of Virginia refers to state laws as codes and has different criteria for determining criminal or civil BP violations. The link to this answer page can be used to access the Virginia State Code site.
Is there a Breach of the Peace law in New York state?
yes there is a breach of peace law in new york state
What is the maximum penalty for breach of peace?
The maximum penalty for Breach of the Peace is 3 years imprisonment and an unlimited fine.
What court does not hear criminal felony cases?
In Texas a Justice of the Peace Court and the Small Claims Court will not hear criminal felony cases.
What is a peaceful repossession?
One where there is no Breach of the Peace. Self Help repossessions can be executed provided there is no Breach of the Peace, or peace disturbance. This is an extremely grey area.
If a car was purchased in Louisiana and now it is in Texas what are the lien holders rights to repo the vehicle?
the lienholder can repo at anytime as long as there is NO breach of peace.
Can repo man enter private property?
Yes he or she can enter private propery as long as the Do not Breach The Peace in Texas. DE Repoman Houston TX
