More Information:
In South Carolina, a self-help reposession is considered "legalized stealking" under the law SIMPLY because someone has a business license. That's ALL that keeps them out of jail. The few laws governing self-help reposessions are willyfully flaunted however.
1)A title loan company must send you a copy of the right to cure letter certified mail and give you 20 days to pay up. They argue that the copy of a right-to-cure at the time of loan closure is sufficient. Alot of law enforcement are ignorant of the law and do not intervene. HOWEVER, most magistrates, if contacted in time, will declare it an improper and illegal action WITHOUT a return receipt from a certified letter. It quite frankly ticks the judge off becaue the lender was too trifling to spend the 5 bux or less to have a certified letter delivered.
2)As far as coming on your property. They can BUT MUST call local law enforcement first to let the authorities know the repo man is "working the area". If they don't, then if caught, they can be arrested for Grand Theft Auto.
3) If you catch a repo man about ready to jerk your out of your yard, you tell him to stop., Inform them this will NOT be a peaceful repossession and call the sherriff/cops/highway patrol. Even if he/she has the car in the air, if it's still on your property, YOU CAN hold them at gun point until the authorities arrive. Be forewarned, most Repo Men/Women carry small 22 revolvers nickamed Repo Man Guns. If he/she gets to the street, it's too late. If you shoot into or even at the tow truck, it's a felony in about all states if in the street.
If and when the law arrives, he/she will inform the repo person (if still on your property) to leave your car alone and to leave the property under order of no trespass. However, law enforcements tells (refer to item two above) the repo rep that he/she COULD be legally SHOT by owner oif car under South Carolina law if law enforecement wasn't notified.
4)If you lock your vehicle behind a fence, they cannot break-and-enter. The lienholder must file for a legal repo with the local courts and have law enforcement serve and confiscate the vehicle.
5)They cannot disturb your property or move another vehicle to get the one in question. Unfortunatley, it's done all-the-time.
6)Reposessions are prohibited on most state property. At the local mental handicapped facility in Laurens, SC, some repo men have been caught by the state police and prosecuted BUT continue to flaunt the law
If your car gets repossed, RUN, don't walk to the local magistrate and have him/her issue a restraining order prohibiting the sale of property until a hearing. Make sure you can prove the certified letter was never sent
Bring all papers showing how much you've already paid vs the principle borrowed. Some magistrats, so PO'ed with the title loan sharks, are ordering the return of the vehicle/title by lienholder simply because the poor borrower has already paid double or triple the initial loan prior to reposession
Make sure you have a complete list ready of any AND ALL personal possessions in car. Lienholderrs are supposed to allow YOU, yourself to retrieve articles but some of the really crooked ones here in South Carolina are sending you a carepackaged of stuff THEY removed, often with valuables missing.
So the answer is, if more people, facing self-help reposessions would 1)Be aware of their rights 2)Took action to force their legislatures to BAN self-help repossessions outright, then noone need get "hurt" in the process. Until that time however, use what means "necessary" to force the lienholder to court including the proper exercise of the 2nd Amendment.
A good rule of thumb in this and similar situations is to put yourself in the shoes of the the other party. Think this through without the bias of personal experience and see if it makes sense. What would you want to do if it was your money that paid for the vehicle and the buyer didn't bother to make several payments? It is possible to stave off repossession, but it takes a strong person to phone a finance company and make attempts to work with them to avoid the loss of a vehicle.
In general, yes, provided that there is no "breach of the peace", which means that you cannot break into a locked garage or cause any damage to property.
yes
No, they are allowed to come and take it away.
Yes they can even though it is on your private propery since you have no longer been making the payments the bank owns it and it is their property and they have the right to retrieve it
I am not 100% on this but I am almost certain that they can as if an item is inside the home they can come in to take those
It is possible for someone to come onto private property in order to possess your car in North Carolina. If you have not paid you car off, it is never yours until it is paid off.
Yes they can come on private propery to repossess a vehicle. If they damaged your property, then call the lender and demand they repair the damage. You may have to sue to recover the damage.
When you signed the contract to buy "your" car, you are also giving written permission for an agent to enter your private property and take back the bank's car. Read before you sign!
i can can come on your private property.
In MOST states, the answer is YES. A few states require a liscense.
YES, if there is no breach of peace
If you are talking about Federal guaranteed student loans, then the answer is no. Federal collection agencies do not repossess property.
While there are many occasions when a Game Warden or other Peace Officer may legally enter private property, that property is still deemed private.