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Repossession

How can a repo man repossess a car that is locked in a residential garage?

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2012-03-15 19:49:30
2012-03-15 19:49:30

NO, NO, and also NO. NOT LEGALLY. the UCC of EVERY state and the FED UCC prohibits breaking in to LOCKED DOORS, GATES, GARAGES,ect. To do so is called Breaking and Entering. To involve the police is prohibited also. That makes it NOT a civil process as a'self-help" repo is supposed to be. Call a LOCAL attorney for state specific advice.

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Related Questions


Yes! a repo agent can legally repossess collateral anywhere, as long as he doesn't breach the peace or break and enter into a locked garage or gate

In most states no, they cannot break into a locked garage to get the car.

Yes, but in most states they cannot get a vehicle locked in a garage.

The car can only be repossessed from a locked garage if the car is spotted in the garage from a window or a crack, but the repo company cannot enter the garage if the car was not visibly spotted.

NO, you cant do that in ANY state. It will get you sued quickly. Ohio Repo Laws

No, a repo man can enter your driveway but if the car is in a locked garage they do not have the right to enter without your permission. This rule applies to your home as well.

It is NOT legal to enter a garage in any state to repo a car, unless the repossession agent has a replevin order issued by the court that holds jurisdiction. Call a local attorney.

When a debtor is behind on payments, NC law allows the lender to take possession of, or "repossess" the vehicle. A repo company on behalf of the lender can take the vehicle at anytime, anywhere that the vehicle is found and accessible. If the vehicle is in a locked fence or garage then the repo company cannot force entry to get to the vehicle.

NO! It would require a court order. The garage is private property and the owner has the right to keep it secured. If an attempt is made to remove the car from the garage (locked or not) the repo. agency has committed a Breach of Peace. Which may result in fines and the loss of the lender's right to any deficiency judgment.

Every state has its own rules, but the general rule of thumb is that an individual that works for a repo company can repo a car on prive property as long as the property is not locked (i.e. a locked gate surrounding the house, or if it's inside a locked garage).

No it is breaking and entering.But that does not mean they won't try.After they get the car it is theirs so even if you get the repo guy/lender for B+E they still keep the car.

legally they are not aloud to break and enter into a building to get anything now if your garage is open and the repo man comes by and sees that he will try to take the item needed repo-ed and that is ok It is legal in some states for a repo man to enter an open, unlocked garage. In others it is a crime, and conducting a repossession in a case like this would be prosecutable as Larceny from a Building.

NO locked anything in any state. CALL a local atorney for state specific advice.

Probably not. If the garage is locked and the repo agent must break the lock, then that is breaking and entering. Even if the garage is unlocked and the act of opening it can (in some areas) be considered breaking and entering.

This depends upon the local jurisdiction and the laws pertaining to this activity. The legal authority given to a repo man may well nullify normal civil protection.

NO THIS IS ILLEGAL! They cannot go inside your house, garage, or locked private property

No, repo persons can not enter your residence without permission and an attached garage is your property.

Was the gated garage really locked at the time the car was repoed?, Could have one of the other resident been coming or going so the gate was open when the repo people entered the property? Can you prove they broke in? Is there a security camera that will prove they did or didn't break in?

No, they cannot enter the garage locked or not without a court order. Likewise police would not get involved in the issue unless such an order was in place or they were called due to a physical altercation or other violation of the law.

Probably not. If the garage door was closed and locked, and he broke the lock or somehow got it open then it is breaking and entering. If the door was unlocked and he just opened it then it depends on the mood of courts or police.

when repo man repossess the car and was in an accident before you can get it back, what happens

Absolutely ! So long as he has the correct paperwork - he can repossess the vehicle from anywhere.

In some places it is not permitted for a repo man to enter a closed garage. In California, for example, a repo person can come on to private property to locate and take a vehicle, but cannot enter a locked placed, can't go inside the house, can't threaten or bully. This is not universal. In some areas the repo man can break open locks, etc.


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