Wrongful Repossession / Breach of Peace
Wrongful Repossession occurs if your vehicle is repossessed and you are not in default of your loan agreement. The failure to pay an installment payment on time or carry insurance on the vehicle are the most common types of loan agreement default. If you are in default, even if your payment is only one day late, your vehicle can probably be repossessed. Default is a matter of contract and can only be determined by a review of the contract..
Breach of Peace.
However, even if there is a right to repossession, the repossession agent cannot Breach the Peace in conducting the repossession. That means that the repossession agent in repossessing the vehicle cannot: forcibly remove you from the vehicle; stop you on the street or highway like a law enforcement arrest; enter a closed garage or your home; break into your house; create a disturbance such as a fight or other altercation; threaten any of the above actions; or pretend to be a law enforcement officer while conducting the repossession. If any of these actions occurred you should immediately report the incident to law enforcement authorities and contact an attorney.
The law discussed on this site is Texas law pertaining to Texas situations. NO advice is given for any transaction or situation that does not involve Texas law.
Mr. Aschermann is licensed to practice law in the State of Texas and is board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization but Mr. Aschermann is not licensed to practice law in any state other than Texas.
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