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What is the California statute that talks about the breach of peace during the repossession of the car?
Wiki User
∙ 15y ago
The 'law' simply says DO NOT BREACH THE PEACE. The courts on the other hand have added a few fine points to the intepatation. IF the debtor refuses to give you the car, leave; If the debtor tells you to get off the propert, leave; if the car is behind a locked gate/door, leave; basically if the debtor objects in any way, LEAVE. Most repo company trucks are equipped with cameras and recorders to video the proceedings. That protects the agent AND the debtor. The actual California statute states the following: California Commercial Code
Division 9. Secured Transactions
Chapter 6. Default
§ 9609. Secured party's right to take possession after default
(a) After default, a secured party may do both of the following:
(1) Take possession of the collateral.
(2) Without removal, render equipment unusable and dispose of collateral on a debtor's premises under Section 9610.
(b) A secured party may proceed under subdivision (a) in either of the following ways:
(1) Pursuant to judicial process.
(2) Without judicial process, if it proceeds withoutbreach of the peace.
(c) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.
HISTORY
(Added by Stats.1999, c. 991 (S.B.45), § 35, operative July 1, 2001.)
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∙ 15y ago
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What is considered a breach of peace on repossession in Iowa?
In Iowa, a breach of peace during repossession occurs if the repossessor uses force, threats, or enters a home without permission. It is also considered a breach of peace if the repossession agent behaves in a disorderly or aggressive manner that could lead to a disturbance of the peace. Any activities that result in a confrontation or disturbance with the debtor or others could be deemed a breach of peace during repossession in Iowa.
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Not allowing car repossession can be considered a crime in California if the person intentionally hides or conceals the vehicle with the intent to defraud the creditors. This is known as "fraudulent concealment of collateral." It is a civil offense that can result in civil penalties and potential criminal charges.
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In Ohio, lenders can repossess a vehicle without notice if there is a breach of contract, such as defaulting on payments. However, they cannot breach the peace during repossession, meaning they cannot use force or threats. The lender must also provide notice within 24 hours of repossession and inform the borrower of their rights to redemption and reinstatement.
Is breach of peace during repossession of a car a criminal or a civil offense?
Questioner doesn't give their state. Given the description of the act and the type of event during which it occurrred it -sounds- like a misdemeanor criminal offense. (simple assault? - disorderly conduct?)
Who is responsible for damage to the yard during a repossession in Florida?
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What are the laws in the state of Texas regarding car repossessions and wage garnishment for a repossession?
In Texas, a creditor can repossess a car if the loan agreement has been defaulted. However, they cannot breach the peace during the repossession process. Wage garnishment for repossession is not permitted in Texas unless the creditor sues the debtor, obtains a judgment, and then seeks a writ of garnishment.
How do you know if your lender has committed a breach of peace during a vehicle repossession?
Repossessors don't have real, "Power" as, Bounty Hunters. So to compensate, They do alot of, Huffing & Puffing. Scare & Intimidation are pretty much all they have. If they tell you, "Get out of the vehicle, I'm taking it!" That's, a "Breach of Peace." If they walk into your House, Garage etc. Uninvited, That's a, " Breach ofPeace." As a rule of thumb, anything other than a peaceful repossession, Is a,You guessed it, "Breach of Peace." And keep in mind, this is taken very seriously.This is when it turns from a civil to a criminal situation. If your neighbor calls thePolice, thats a, "Breach of Peace" So always remember that you have Rights and so does the Finance Company. You'll know when that Repo Guy starts to look nervous, The Repo is in jeopardy. If you tell them to get off of your property, they have to. Laws vary from State to State. Know Your Rights!
What are the statute of limitations for homicide in California?
In California it varies depending on what the specific charges are and who the victim is. Murder and other offenses that are punishable by death or life in prison, have no statute of limitations. If the felony can result in over 8 year in prison it is set at 6 years. Less that that they are set at 3 years. Misdemeanors will be set at 1 year unless a minor is involved which makes it 3 years.
What is the statute of limitations in California for medical debt collection?
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Can a payment be made during a repossession?
No. They're not there to collect money, they are there to reposess.
What if repossession agent damages RV or personal property during repossession under Texas law?
Then they're liable for the damages. You need to file a police report immediately.
If your car was hit and damaged during repossession what rights do you have?
CALL a local attorney NOW.
