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?)
Probably as soon as there is a "breach of the peace" (during the hookup). If it is no longer your car (through default on the loan), you have no right to possess it or prevent its rightful owner from repossessing it.
Once the vehicle has entered into reposession, it becomes the property of the lender. If you fight or otherwise refuse to turn over the vehicle, it could be considered breach of peace. FYI, when the repo man shows up, the vehicle isn't yours any more.
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.
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!
its not the laws of Ohio. its the laws of each town or city. i repo in Ohio and it varies everywhere you go.... email and I'll try to answer your questions or find them out, rapidrecoverysolutions04@yahoo.com
Yes, just as ALL criminal defendants are.
The LIENHOLDER is ultimately responsible for anything that happens during a self help repossession.
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.
In Texas, a creditor can repossess a car if the loan agreement has been defaulted. However, they cannot breach the peace during the repossession process. Wage garnishment for repossession is not permitted in Texas unless the creditor sues the debtor, obtains a judgment, and then seeks a writ of garnishment.
No. They're not there to collect money, they are there to reposess.
Yes, a summary offense can potentially affect an application for citizenship, depending on the nature of the offense and the applicant's overall criminal history. While summary offenses are generally considered less serious than misdemeanors or felonies, they can still be scrutinized during the citizenship application process. Applicants are required to demonstrate good moral character, and any criminal history may raise concerns. It's advisable for applicants to consult with an immigration attorney to understand how specific offenses might impact their case.
Then they're liable for the damages. You need to file a police report immediately.