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If a repossession agent rings your doorbell for ten minutes at 3am would that be a 'breach of peace'?
Wiki User
∙ 17y ago
If you were notified that the vehicle was to be repo'd, and failed to turn it in, perhaps the repo guy figured the best time to get the vehicle was when he would be sure you were home. Maybe he had tried to reach you at other times and you weren't there. Sometimes people do what they have to do, just to get the job done. Yes, because it can be legally presumed that such action could create a disturbance for neighbors and/or other members of the household.
Wiki User
∙ 17y ago
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What rules must be followed when repossession takes place?
Most generally the agent must not breach the peace. There are specific laws pertaining to repossession agencies that are different in different states. However, for the most part, as long as the peace is maintained, and it is a self-help state, there is nothing more the agent must do.
Can a vehicle be repossessed if there is someone inside it?
No, that would constitute a "breach of peace" . However the repossession agent can call the police and request assistance some departments will comply, many will not due to the fact that it is a civil matter. However, if the repossession agent has a replevin order from the court the police will assist him in recovering the vehicle.
Is it legal to repossess a car at 7 A.M. in Arizona?
Yes, as long as the repossession agent did not commit a breach of peace as defined under the laws of the state or municipality in which the vehicle was recovered.
Can reposession agent go in home owners fence to recover vehicle?
Yes, as long as there is no breach of peace. The repossession agent cannot break a lock or damage property. They can only recover the vehicle which is behind a fence only if it is accessible.
What is needed to become a repossession agent in Oklahoma?
my answer is to just go to oklahoma and just you becomes a repossession agent..........this is not real DONT DO IT.
How late can a vehicle payment be in Virginia before repossession?
I am a repossession agent in Virginia it takes 2-3 months of not paying before the repossession status occurs.AnswerI am a repossession agent in Virginia it takes 1 missed payment then repossession status occurs.
How much does a repossession agent make?
How much do repossession agents commonly make?
Is criminal trespass a breach of the peace in Texas?
this is a GENERIC definition... BOP is usually decide in the APPEALS Courts. Links at the bottom Breach of Peace. However, even if there is a right to repossession, the repossession agent cannot Breach the Peace in conducting the repossession. That means that the repossession agent in repossessing the vehicle cannot: forcibly remove you from the vehicle; stop you on the street or highway like a law enforcement arrest; enter a closed garage or your home; break into your house; create a disturbance such as a fight or other altercation; threaten any of the above actions; or pretend to be a law enforcement officer while conducting the repossession. If any of these actions occurred you should immediately contact an attorney. courtstuff.com
Can an automobile be repossessed in Illinois if the owner is present?
Sure. The owner can't stop the repossession and is aware of the incident, which makes it easier for everyone. * Not if the person is in the vehicle or the repossession agent would be committing a breach of peace, such as appearing at a neighbor's or public place where the borrower was and requesting the keys or another vehicle be moved, etc.
What can happen if you hide a vehicle from the repossession agent in Mississippi?
repesession
How long will a repossession agent search for a vehicle?
Till they find it.
Can a repo comp request a criminal warrant for a car?
The repossession agent is not a law enforcement agent, and has no such authority.
