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.
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.
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.
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.
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.
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