breach of the peace Archives

Do Car Repossessions Violate Stay-At-Home Orders?

This post has been updated as of February 17, 2021, based on developments. It seems the answer is, “It may, but it’s unclear.” Looking just at the text of California’s stay-at-home orders, they appear to have precluded repossessions while in effect. By not specifically exempting workers in the collection or collateral recovery aspects of the…

Car Repossessions in Garages, Gated Communities or Gated Areas

A repossessor sometimes completes a repossession by following a car into a gated area or gated community (sometimes referred to as “piggybacking”), or the repossessor drives in when someone exits the gate. Both situations amount to a breach of the peace and are unlawful. California statutory law and caselaw define a breach of the peace…

Repossessors & The Fair Debt Collection Laws

A repossessor who takes – or attempts to take – property in breach of the peace (e.g., by force or by illegally entering a locked garage) can be sued for violations of the fair debt collection laws. In fact, the repossessor can be sued under both the federal Fair Debt Collection Practices Act and the…

Repossessions from Gated & Locked Garages

A repossessor cannot enter a gated and locked garage without permission of the owner of the car or the property, to repossess a car. There’s no exception to this rule. If a repossession agency takes a car under those circumstances, the agency has committed a breach of the peace and the consumer can sue the…

Car Repossessed, Now What?

If you have a car loan, the lender can repossess your car after a default through “self-help” repossession. This means the lender doesn’t need to file a lawsuit and can just send the repossession company to pick up your car. Self-help repossession is legal but drastic, and the law imposes strict requirements on creditors. Consider…