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Can you prosecute a repo man for trespassing on private property to repo a auto?
Wiki User
∙ 9y ago
Repo agents are not allowed to break the law.
Technically this includes trespassing, but the mere fact that someone was on your property does not in and of itself does not usually legally constitute "trespass". Generally, the burden is on the complainant to prove that entry was in fact trespass, by showing that you have taken steps to defend the property. At the very least, this will probably include posting warnings/signs that the property is private and that you do not grant permission to enter or pass through it.
A repo man can't break into your garage or cut a lock from a gate, but if the car was on your unprotected driveway, it's probably not legally "trespass" for him to walk onto the driveway, break into the car (this is not illegal, because he's acting as an agent of the "rightful owner", i.e. the bank), and take it.
I guess the answer is that you can certainly contact the police to file a complaint, but after reviewing the facts, they may tell you that legally speaking no trespass occurred and they're not going to do anything about it.
You're not going to get the car back in any event, so doing this unless the repo agent egregiously broke the law is really just kind of spiteful.
Wiki User
∙ 9y ago
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Can you prosecute a repo man for trespassing on commercial private property to repo a auto?
Only a prosecuter can prosectute. It is legal to repo a car from anywhere as long as they dont "breach the peace" to get to it. That is, they cant break & enter or physically move you out of the way.
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What are your options if your private property was damaged by someone else during an auto accident?
file and pursue a claim or dont. If you do file , file a police report, get a copy of the report and have your property insurance company pursue the claim against the insurance company covering the party or parties involved in the auto accident
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