0
Is it breach of peace to remove a vehicle from a closed garage?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Is it legal to repossess a vehicle out of an open garage?
Yes it is and they can tow your car away if you are parked at work! * In the majority of US states a repossession agent cannot remove a vehicle from a garage locked or unlocked, closed or open unless the agent has a replevin or other type of court order.
Do you have the right to go on the property to repossess a car in the state of Georgia?
Yes, as long as it does not constitute a breach of peace, such as attempting to remove a vehicle from a locked or unlocked garage. Unless the property is legally posted.
Can lender come into the borrowers backyard to repossess a vehicle?
Yes, as long as the action does not constitute a breach of peace. The repossession agent may not however, remove a lock on a gate or enter a closed structure such as a garage whether it is locked or not. In a few states the repossessor cannot enter posted property, or can only do so at their own risk.
Can a SUV be repossessed from a closed garage in Georgia?
No that is called breaking and entering.But stupid things like breaking the law have never stopped some repo companies.You should sue the lender not the repo criminnal.Check for damage and file a police report.Then sue you don't need a lawyer you represent yourself. The repo company cannot "Breach the Peace" to get a vehicle. In short, that means they cannot; pull you over or make you stop while driving down the road. Or, physically remove you from your vehicle. They must leave your property when requested to do so. They connot enter a closed private garage. Remember, the rules of leaving property are different for (home owner v. renter, public garage, apt. complex etc.) Keeping a vehile listed for repossission in a closed garage will help you out in the short term. The repo company can and will go back to the lender and obtain a court order to come inside the garage and take possession of the vehicle. This may take a matter of two weeks to a month. If that is all the time you need to get caught up or file the necessary BK paperwork it might be a good plan. But keeping the vehicle in a closed garage will not help out forever.
In California can you be forced to open a locked garage in an attempt to repo a 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.
Can they take your car from de garage closed in Florida?
The reason a car is being repossessed is due to non payment (as promised in written and signed agreement). Until the buyer or lessee has clear title to the vehicle, they have no rights in ownership. Housing a car you don't own in a locked garage is illegal - it is then considered 'stolen' and with the proper court documents, the agency can enter and remove the vehicle.
Do repo people have to ID who they are when they come on private property?
Repo people are the scum of the earth. They are nothing more than prostitutes for finance companies. Yes, the can follow you as long as they do NOT try to physically remove you from your vehicle. That would be an assault. If they enter your private property, you can tell them to leave, if they don't, that is criminal tresspassing. Anytime you park your vehicle, either have it parked in a closed garage or have it blocked by other vehicles. Repo folks cannot enter a closed garage (at your house) or remove any vehicles blocking your vehicle. Repo folks can have keys cut to your vehicle WITHOUT your permission. Repo folks can tell you by law, you must give up your vehicle to them...THAT IS A LIE I am in the towing business and they cause so much trouble for towing companies. If you get out of your unattended vehicle for just an instance, consider your vehicle GONE ........
How do you remove fuel filter on Ford F-150?
Take your vehicle to a garage if your not equipped with the nallage and or tools it saves you time and money
Is it legal to remove someone else's car in order to repose the proper vehicle in Texas?
Yes. It would constitute a breach of peace, and possible other civil and/or criminal charges.
Can a repo man remove a vehicle from private property against the property owner's will?
NO It's almost always against the property owner's will, but if there is no confrontation (breach of peace), it will be removed. And you can spend 6-24 months in jail for tresspassing.
In Georgia Can a repossession company remove your car from your locked garage if the car was a gift and not in your name?
A repossession agency cannot enter a garage locked or otherwise to recover a vehicle unless the agent has a replevin (court) order to seize the vehicle. Additionally, a vehicle cannot be gifted in the usual sense, to another person unless there is a clear title, meaning the vehicle has been paid for in full and there are no lien holders. If the title is not in the person's name who has the vehicle, they do not own the vehicle.
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
