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Is breach of peace during repossession of a car a criminal or a civil offense?
Wiki User
∙ 15y ago
Questioner doesn't give their state. Given the description of the act and the type of event during which it occurrred it -sounds- like a misdemeanor criminal offense. (simple assault? - disorderly conduct?)
Wiki User
∙ 15y ago
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Did OJ really do it?
He was found not guilty during a criminal trial for the offense but was found culpable for the offense during a later civil trial brought by the victim's parents.
How do you know if your lender has committed a breach of peace during a vehicle repossession?
Repossessors don't have real, "Power" as, Bounty Hunters. So to compensate, They do alot of, Huffing & Puffing. Scare & Intimidation are pretty much all they have. If they tell you, "Get out of the vehicle, I'm taking it!" That's, a "Breach of Peace." If they walk into your House, Garage etc. Uninvited, That's a, " Breach ofPeace." As a rule of thumb, anything other than a peaceful repossession, Is a,You guessed it, "Breach of Peace." And keep in mind, this is taken very seriously.This is when it turns from a civil to a criminal situation. If your neighbor calls thePolice, thats a, "Breach of Peace" So always remember that you have Rights and so does the Finance Company. You'll know when that Repo Guy starts to look nervous, The Repo is in jeopardy. If you tell them to get off of your property, they have to. Laws vary from State to State. Know Your Rights!
Is a person who committed an Indictable offense treated with fairness during the legal process?
Yes, just as ALL criminal defendants are.
When does not allowing car repossession become a crime in California?
Not allowing car repossession can be considered a crime in California if the person intentionally hides or conceals the vehicle with the intent to defraud the creditors. This is known as "fraudulent concealment of collateral." It is a civil offense that can result in civil penalties and potential criminal charges.
Who is responsible for damage to the yard during a repossession in Florida?
The LIENHOLDER is ultimately responsible for anything that happens during a self help repossession.
Can a repo company move another persons car to get to my car in the state of pennsylvania?
No. The only car they can touch is the one they are going after. Nor can they get inside a closed garage. The first answer is correct so far as it goes. In no state that I know of can a "repossession agent" disturb the peace or commit a felony, misdemeanor or offense during the course of a repossession of property.
Can a payment be made during a repossession?
No. They're not there to collect money, they are there to reposess.
What if repossession agent damages RV or personal property during repossession under Texas law?
Then they're liable for the damages. You need to file a police report immediately.
If your car was hit and damaged during repossession what rights do you have?
CALL a local attorney NOW.
What is legal during a car repossession in Ohio?
NONE OF THE ABOVE. Call an attorney ASAP.
What is a contingency repossession?
One where the repossession agency receives no fees to cover the expenses incurred in the efforts expended during the recovery process unless the unit is actually recovered. No repo, no money.
When is a toxicolgy report done?
The court can order a toxicology assessment whenever it is suspected that a person committing a criminal offense was under the influence of drugs or alcohol. Doctors do toxicology exams when seeking diagnoses of a patient, medical examiners do them during a complete autopsy.
