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Car was repossessed with you sitting in it and it was in your backyard and cops were called by repo man to make you get out of the car is that considered breach of peace?
Wiki User
∙ 15y ago
YES! reposession is a civil matter, reposession men have been sued over cases like this and lost. He should have approched you and stated he's there to repo the car because your behind on payments and if you declined, he should have left and came back later to get the car.
Wiki User
∙ 15y ago
Yes, repo man repossessing a car while you are sitting in it is considered a breach of peace. It is illegal for a repo man to use force or threaten violence to repossess a vehicle, especially when the car is in a private location like your backyard. You can report this incident to the authorities and seek legal advice to protect your rights.
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Is a breach of contractual duty a tort?
A breach of contractual duty is not considered a tort, but rather a breach of contract. Tort law deals with civil wrongs that cause harm to individuals or property, while contract law involves violations of agreements between parties.
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.
What is the verb for breach?
The verb for breach is "to breach." For example, "The company breached the contract by failing to deliver the goods on time."
What is considered 'breach of peace' in Texas?
In Texas, breach of peace typically refers to acts that disrupt public order and safety, such as fighting, creating loud disturbances, or engaging in aggressive behavior in public places. It can include offenses like disorderly conduct, public intoxication, and disturbing the peace. Penalties for breach of peace can range from fines to potential jail time, depending on the specific circumstances of the incident.
What is considered Breach of peace in Missouri?
In Missouri, breach of peace refers to engaging in behavior that disturbs public order or tranquility, such as fighting in public, creating excessive noise, or engaging in violent or tumultuous behavior. This can include actions like fighting, loud disturbances, or creating a public nuisance that could disturb the peace and order of a community.
Can a car be repossessed while at a body shop after repairs are completed?
Anytime, anyplace, as long as it does not create a breach of the peace.
Can your car be repossessed if it is on someone else's private property?
Yes, as long as the repossesor does not commit a breach of peace as defined by the laws of the state where the act takes place.
Can your car be repossessed if the payments are up to date however the insurance has expired?
it depends on the stipulations in your contract. in most cases any breach of cantract can be grounds for repo
To opt out of a contract?
If you opt out and have the right to do so it is considered terminating a contract. If you unilaterally decide to opt out of a contract and do not have a legal basis to do so; that is considered a breach of contract. If you breach a legal contract you can be sued.
Is opening an unlocked gate to repossess a vehicle considered a breach of peace?
No.
What is considered Breach of peace in Missouri?
In Missouri, breach of peace refers to engaging in behavior that disturbs public order or tranquility, such as fighting in public, creating excessive noise, or engaging in violent or tumultuous behavior. This can include actions like fighting, loud disturbances, or creating a public nuisance that could disturb the peace and order of a community.
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.
Which factor needs to be considered when assessing the likelihood of risk harm?
nature of a breach
What do you do if your car was repossessed but there was no breach of contract and you are ahead on payments?
CALL a local attorney NOW. The part about "ahead on payments" scares me. How you determine you are "ahead" and how the lender determines that gets a lot of folks in trouble.
What are the Phineas and Ferb backyard beach episode lyrics?
Ferb: Listen up people and I'll teach ya'Bout Phineas and FerbAnd the backyard beach, yaEvery morning, Phineas, he gonna saySingers: Say!Ferb: "Brother, whatcha gonna do today?"Now you see we're having funPlaying under the sun,And get in line, get in lineCause the wet ski's runningA backyard beach, a backyard beachNothing's outta reach,we got the backyard beachYou can change in the broken hut,Drink out of a coconut,Three games for a token, but the rest is freeYou got skiing, parasailing,Surfing and a-flailing,Your contacts need saline,Or else you can't seeGot the backyard beach, a backyard beachNothing's out of reach, we got the backyard beachGot the backyard beach, a backyard beach,Don't fall into the breach, got the backyard beach!
You signed a contract saying that you should pay a motorcycle for two years but wasn't able to pay on time for 6 months is that Breach of Contract?
It's a breach which may be a curable breach under the loan documents. The question really becomes was the breach cured. In other words, did the person ultimately pay. If the loan documents state that the Lender doesn't waive the right to declare untimely payments a breach then a breach could be called a default and the motorcycle could be repossessed. If the Lender accepts the payments late and the language doesn't preserve the right to call a default then the payments and acceptance are a waiver of the right to declare a default.
Can they repossess your car with you in it?
A valid repossession must not cause an unlawful breach of the peace - even if the debtor is the one instigating the breach. So if the debtor gets into the car, it cannot be repossessed at that time, you'd be kidnapping them essentially. In the USA, this actually happened, the repossession was declared to be non valid and the debtor awarded a cash settlement in court.
