Entering a building to recover a vehicle is considered a breach of peace whether the garage the door was closed and/or locked or not.
The exception would be if the recovery agent held a replevin order.Answernot legally,but they will try to make you believe they have the authority.
they will have legal looking papers and talk the talk.they can sound very convincing.also they will have sound like they are doing you a favour by saying,we will hold it for you till you can make up the payments.DO NOT FALL FOR ANY OF THAT.THEY HAVE BEEN KNOWN TO ACTUALLY JUST TAKE THE VEHICLE WHEN YOUR NOT AROUND OR HAVE IT TOWED FROM YOUR PLACE OF EMPLOYMENT.ONCE THEY HAVE IT YOUR ONLY HOPE IS TO PAY IT OFF.TAKE IT FROM AN OLD PRO.
No, a juvenile cannot enter into such an agreement and the repossession agent could be held legally accountable for attempting/taking part in such action.
Depending on the state you reside in the procedure in order to get a repossession stopped is difficult. One of the few ways to stop a repossession is if a "breach of the peace" were to take place such as your car being in a locked garage or a threat of force was issued.
No, repo persons can not enter your residence without permission and an attached garage is your property.
Repossessors cannot enter a locked premise.
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.
In Tennessee, a truck or car finance company can hire a repossession company to take your vehicle if you do not make payments and are in default. They are not able to break into a locked garage to take your vehicle and they cannot forcibly remove a person from behind the wheel of the car.
I own a repo company in Washington state, so I'm not a expert in Georgia laws, however in most cases states consider repossession or self-help repossession to be a civil matter. Most likely your local PD would not take action against you. This is provided there is not a court order, forcing you to turn over your vehicle.
he cannot break & enter to get the car.
Most courts have ruled that you CANT enter a closed dwelling. Carport yes, garage NO. Call a local attorney NOW with the facts and any witnesses you have. Good Luck
Only if the repossessor has an order for repossession of the trailer, as well. And even then, only under certain circumstances. If it's a commercial tractor trailer, and there's a load in that trailer, they may not take it, as the order of repossession does not cover the load, and they will face criminal charges if they do such.In the course of repossessing a vehicle, the repossession agency may not enter or move any vehicle (including a trailer) which is not in their order for repossession. They may detach a trailer from a truck being repossessed, but they can't actually take it.
They can only take whatever it is they have an order of repossession for - if the trailer is not included in their order of repossession, they cannot take it.
The repossession process of a car usually takes about 6 months
Repossession laws vary from state to state. Typically, if the vehicle is behind (or in) a locked enclosure, they cannot enter and take it.
Yes. They consider your item of repossession 'their property' and if it is setting on your property, they will tresspass to get what belongs to them (or the bank). A repossession agent may not take any action which constitutes a breach of peace as defined under the laws of the state. They may not enter a garage locked or unlocked to remove a vehicle. They may not remove a lock or in anyway damage same if it is on the gate of residential/private property. They may enter a condo or apartment security gate if it is done properly and does not constitute a hazard or impediment to other tenants. They may not ask another tenant to allow them entrance to take possession of the vehicle. These laws do not apply if the repossession agent has a replevin or other such order issued by the court. If a consumer believes his or her rights have been violated pertaining to such issues, they should file a complaint with the justice department of the state attorney general's office.
Possibly, but they can certainly prevent you from interfering, as it is no longer your car, hence the repossession.
A repossession will significantly lower your credit score, regardless of the balance. It will take around 7 years before the repossession is removed from the credit report.
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
it depends on the size of bricks and size of the garage
Take it to a garage
Yes, they can. The law allows them access to any reasonable location to secure their assets. They can't open a gate or a garage door, but if the car is accessible and not enclosed my fours walls or fences, then yes, they can take it.
take it to the garage and have it fixed professionally take it to the garage and have it fixed professionally
The short answer is no... Repossessions are like collections, there are rules. However, they are allowed to take the automobile where ever they find it just so long as they do not enter the house (or) break into a closed garage. Now, you should know -- if you have the recourse to pay the lender -- contact them, the repossession company cannot deal on their behalf. It is best if you cannot possibly pay, to surrender the vehicle, get your possessions out of it, and turn in your plates.
Repossession laws vary from state to state. States also have different provisions for different types of property. You would need to be more specific about the circumstances, the property and the state where the repossession would take place. Your question should be reformed to ask, "Is a repossession under the following circumstances legal"? Asking what is considered an illegal repossession is much too broad a question.