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What is the California statute that talks about the breach of peace during the repossession of the car?
The 'law' simply says DO NOT BREACH THE PEACE. The courts on the other hand have added a few fine points to the intepatation. IF the debtor refuses to give you the car, leave; If the debtor tells you to get off the propert, leave; if the car is behind a locked gate/door, leave; basically if the debtor objects in any way, LEAVE. Most repo company trucks are equipped with cameras and recorders to video the proceedings. That protects the agent AND the debtor. The actual California statute states the following: California Commercial Code
Division 9. Secured Transactions
Chapter 6. Default
§ 9609. Secured party's right to take possession after default
(a) After default, a secured party may do both of the following:
(1) Take possession of the collateral.
(2) Without removal, render equipment unusable and dispose of collateral on a debtor's premises under Section 9610.
(b) A secured party may proceed under subdivision (a) in either of the following ways:
(1) Pursuant to judicial process.
(2) Without judicial process, if it proceeds withoutbreach of the peace.
(c) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.
HISTORY
(Added by Stats.1999, c. 991 (S.B.45), § 35, operative July 1, 2001.)
What else can I help you with?
What is considered a breach of peace on repossession in Iowa?
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.
When does not allowing car repossession become a crime in California?
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.
What are the laws of repossession in OH?
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
Is breach of peace during repossession of a car a criminal or a civil offense?
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?)
Who is responsible for damage to the yard during a repossession in Florida?
The LIENHOLDER is ultimately responsible for anything that happens during a self help repossession.
What are the laws in the state of Texas regarding car repossessions and wage garnishment for a repossession?
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.
How do you know if your lender has committed a breach of peace during a vehicle repossession?
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!
What are the statute of limitations for homicide in California?
In California it varies depending on what the specific charges are and who the victim is. Murder and other offenses that are punishable by death or life in prison, have no statute of limitations. If the felony can result in over 8 year in prison it is set at 6 years. Less that that they are set at 3 years. Misdemeanors will be set at 1 year unless a minor is involved which makes it 3 years.
What is the statute of limitations in California for medical debt collection?
The standard limit is 4 years for debts in California, but only 2 years for Oral agreements. This is from the last communications by the debtor. They can file claim at any point during this time.
Can a payment be made during a repossession?
No. They're not there to collect money, they are there to reposess.
What if repossession agent damages RV or personal property during repossession under Texas law?
Then they're liable for the damages. You need to file a police report immediately.
What is legal during a car repossession in Ohio?
NONE OF THE ABOVE. Call an attorney ASAP.
