Can they repo your car if there is another car parked behind it if you are not at home?

Answer 1

Answer 1 (United Kingdom)

They can attempt to. If there is a repossession order against something, then they can legally take that item from your property. However, if a car is blocking that item, it may be difficult. They will ask you politely to move the car. If you are not in then they will wait for you. The richer repossession companies will probably hire an unmarked contractor to stake outside your home in a car and inform them when you arrive back. The richer repossession companies may also have a special crane which they can use to lift the car above the one blocking it and onto the back of their tow truck.

If the repossession company isn't that advanced, then they can get a court order which will order you to comply with the repossession notice. Ignoring a court order will be a criminal offence.

Repo people are not above the law can can be arrested for breaching the peace or other public order offences if they do not comply with local legislation during the repossession. For example, you can tell the repo people to get off your property, and they have to comply, unless they have a court order. If you are late on payments and do plan to pay the company you owe, locking the car in a garage or a friends garage will protect it for a little bit longer, but not forever, as eventually they'll get a court order giving them permission to open that too.

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Answer 2 (United States)

Having been a repossessor, I can tell you first hand that a repossession agent absolutely positively CANNOT so much as even touch a vehicle other than the one they're repossessing - if you ever see repossessors in action, you'll notice they won't so much as lay a hand on the car until they've checked the VIN and verified it's their vehicle. Even if they did have such authority as to be able to get a crane and lift another vehicle (which, again, they CANNOT do), there's only so much the bank is willing to pay in order to reclaim their vehicle, and they're not going to be particularly keen on renting out a crane for $200+ an hour.

But, long and short of it, the repo agents can claim the vehicle on behest of the leinholder because the lienholder is the rightful owner of the vehicle - it's their car. They cannot touch any other vehicles on behest of the lienholder, period. That's breaking and entering, and, if the vehicle has a high enough value, can amount to grand theft charges. Repo agents do not have such authority.

Which isn't to say that there aren't ways to get to your vehicle. If you have a vehicle parked behind it, but the side of it is open and greater than the width of the car, they'll get it.

In the end, you're going to be on the losing end, one way or another. If the repossession agents can't claim it, the finance company can pursue a civil suit. If the cost of the civil suit makes it not worthwhile for them to go to court for the value of the vehicle (which they'll never see, as repossessed cars are typically sold at auction for substantially less than what was owed on the lien), they've got a defaulted car loan on your credit report for seven years.

In the end, it's not worth it. You'll be constantly having to look over your shoulder anywhere you go, you'll have to worry about what that strange sound you heard outside your home in the middle of the night was... better to let it go, work out something with the finance company so you can repair your credit, and move on.