The person who physically picks up your vehicle CANNOT breach the peace.
If you are there when they show up and object to it being towed and they ignore your objections, if they use force, if they use threats, if they break into a locked area (such as garage, yard etc), if they damage property to get to the vehicle, then they have breached the peace.
That makes it an unlawful repossession, meaning the creditor should not be able to collect a deficiency.
Also, a dealership or financier that breaches the peace during repossession is exposed to tort liability for conversion.
2006-06-18 00:15:34
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answer #1
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answered by echo 7
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Yes, Its their property. You don't have the right to lock up someones property inside a fence w/a locked gate in an attempt to keep them from it. You could saved them a lot time and your self some money and surrender the vehicle. This action will avoid the cost in hiring a repo company. A cost you are going to have to cover. Contact the lending intuition and ask them where they want you to return the vehicle.
2006-06-14 09:02:25
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answer #2
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answered by Cosmo 6
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technically,they can do it ,as long as they dont damage any other property in the process.,also they are not allowed to do harm to anyone,or anything in the process of taking the car,but here,s the grabber,,if they have to damage the car a little,it,s considered ok,in most state,s,and its,usually not covered by, insurance,since it was repo-d ,sometimes their methods are a little crude,but affective,they always get the car,no matter what you do ,,good advice,,just pay the payment,s its less hastle.
2006-06-14 01:28:10
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answer #3
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answered by dodge man 7
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not that I am aware of that would be considered breaking in and that is against the law
2006-06-13 22:48:56
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answer #4
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answered by Gabe 6
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Not legally
2006-06-13 22:52:49
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answer #5
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answered by Deeski Lub 1
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no thay can't it is agains the law
2006-06-13 23:01:42
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answer #6
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answered by bscootermom2 1
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ask your local lawmaker.............
my guess is yes..
They did, didn't they, else this q would not have been posted
2006-06-14 00:50:08
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answer #7
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answered by d_cider1 6
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they can and they will pay your payment!
2006-06-13 22:52:28
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answer #8
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answered by riksolo 3
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