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The Repo Man May Not Breach The Peace

Posted By admin || 15-Oct-2008

In the state of Texas your vehicle can be repossessed without notice; but repossession agents cannot "breach the peace" while conducting the repossession.

What this means is that under Texas law while the repossessing the vehicle, the repossession agent cannot:

  • forcibly remove you from your vehicle
  • stop you on the street or highway
  • enter a closed garage
  • break into your house
  • create a disturbance such as a fight or other altercation
  • threaten any of the above actions
  • pretend to be a law enforcement officer

If any of these actions occur while the repossession agent is conducting the repossession you should immediately report the incident to the police and contact a Dallas- Fort Worth attorney.

Examples of Breach of the Peace:



If a repossession employee comes to your home while you are in your car and drags you out of your vehicle this is considered a breach of the peace. If the repossession agent comes to your home at 2:00 am, bangs on your door and hurls profanity at you, this is considered a breach of the peace. If a repossession agent breaks into your gated apartment complex and repossesses your vehicle, this also is considered a breach of the peace.

Facing Repossession? We Can Help



If you are facing repossession  we can help. If you would like to set up a free consultation feel free to contact us today.

 

Categories: Repossessions
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