Is it legal for you to shoot the Seven Eleven clerk because they are doing their job. While I know Texas is a little bit different when it comes to protecting your property, as long as the Agent is acting in the scope of the law, then NO you can't shoot them.Just remember if you breach peace first, he may just breach it back. If that was me, you better kill me with the first shot, or I WILL shoot you back.
it is illeagle to shoot anyone anywhere unless you life is in imediate danger. Different states have different measuring sticks but someone stealing your car is not justification. If you saw someone taking your car and turn around and get a gun and shoot that person youd better kill them because this is America they can sue you.Yes it is legal to shoot the repossessor. See Texas Penal Code 9.42."Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury."
This is one of those questions that the answer depends on who you talk to. As a repo agent I have tried to find the answer and it has been difficult. I believe the answer is yes, but if the repo agent damages the car he is moving then (of course) he is responsible, just like he would be responsible for damage caused to a vehicle he was repossessing.
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
Pay the note or lose the car. The vehicle may be recovered from any location that is discovered provided the repossession agent does not violate the FFDCP Act or break the peace. If the debtor breaks the peace, that is on the debtor; many go to jail for such behavior.If the repossession agent is not able to notify the debtor that he has secured the vehicle, the agent is legal bound to contact the jurisdictional law enforcement agency that a repossession has taken place with 24 hours of securing the vehicle. Most contact law enforcement as they are driving away from the recovery.
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