HomeIs it legal in Maryland for a repo agent to enter your closed garage at night to repossess your vehicle?
Wiki User
2011-08-12 15:40:38
2011-08-12 15:40:38
It is NOT legal to enter a garage in any state to repo a car, unless the repossession agent has a replevin order issued by the court that holds jurisdiction. Call a local attorney.
Related Questions
IF they did not break into the garage(ie; someone let them in)
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.
In general, yes, provided that there is no "breach of the peace", which means that you cannot break into a locked garage or cause any damage to property.
When a debtor is behind on payments, NC law allows the lender to take possession of, or "repossess" the vehicle. A repo company on behalf of the lender can take the vehicle at anytime, anywhere that the vehicle is found and accessible. If the vehicle is in a locked fence or garage then the repo company cannot force entry to get to the vehicle.
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
Yes they can, I have seen repossessions happen in your driveway as well. The only problem that would occur is if they broke into your garage to reclaim the vehicle.
No. The repossession agency/agent can obtain a replevin order to be served on the person to whom the vehicle is registered and if said person(s) do not comply they can be held in contempt of a court order.
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.
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.
No it is breaking and entering.But that does not mean they won't try.After they get the car it is theirs so even if you get the repo guy/lender for B+E they still keep the car.
no because it still puts out co2
Carbon monoxide (CO). This isn't only produced by a vehicle running in a closed garage; it can happen in many situations and because the gas is undetectable by those immediately exposed to it, it can prove a major health problem.
A garage is a noun meaning a place to store a vehicle.
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.
Yes, if it was not locked. They cannot breach the peace to repossess a vehicle but they can come on your property to get their property, namely the car you do not own. It is their car until you pay for it. So legally they have only recovered their property.
Yes, It will cover your garage door, but will not cover your friends vehicle.
This question is fundamentally flawed. The repossessor is not removing *your* vehicle from the garage - they're taking *their client's* vehicle - so the answer is YES.
Most insurance companies want you to keep your vehicle in a garage.
You can take the vehicle to a dealership of your choice that sells that make vehicle, not just any garage.
Anywhere except Federal Property (unless they have the necessary permits and licensing) and Native American Reservations (unless they have the permission of the tribe). So, pretty much anywhere. The single exception is that they may not enter a closed building such as a garage, however, if the can successfully hook the car from outside the garage, most states will turn a blind eye to the vehicle being dragged out an open door. And, if you have the vehicle closed in the garage, the driver will attempt to request you surrender it. If you refuse, likely as not he will return with a replevin and a law enforcement officer to take possession of the vehicle. Just give it up.
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.
Nowhere is it legal for breaking and entry. Repomen/woman cannot enter a closed garage or locked gate to aquire property
No it is not illegal, in fact it is quite legal and usually occurs as I was informed when you are 74 days past due. There is the same peaceful rule. In other words if you object or keep the car locked in a garage they can not force you to relinquish.
I would not,as a State of California Licensed Repossessor.I would not! If the garage was open...depending on the situation I might,but definitely not if the garage is closed!
Yes, but in most states they cannot get a vehicle locked in a garage.
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