The Auto Repo Man Cannot “Breach the Peace” to take your car

by Steven A Williams, President & Founder

Under the law – UCC – Uniform Commercial Code § 9-609. SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.

(Article 9 of the Uniform Commercial Code makes waiver unenforceable) there is a little known law that prohibits a repo man from committing a “Breach of the Peace” during the repossession process of taking your automobile. I know what you are saying I’ve called the police before and they allowed the repo man to take my car.  Well I’m here to tell you that even if they took your car you still had rights and most police officers don’t know about the law. A repo man / woman cannot “Breach the Peach” that is defined as the following and not limited to:

  • Unlocking your gate of your property.
  • Breaking a lock to get on to your property.
  • Opening up your garage door.
  • Arguing with you when you ask / told them not to take your car.
  • The repo man screaming at you and calling you a deadbeat or other offensive words.
  • Threatening to kill you if you try to get your car off the tow truck.
  • Taking your car while you are in it or hooking up your car while you are in the car.
  • Any and all encounters that put your safety at risk.
  • Repo man/woman isn’t allow to touch you at all regardless of the situation.

So how will you attack a repo that is on your credit reports?  Easy, all you need to do is write to the creditor notifying them that you will be filing legal action and notifying the appropriate departments that regulate lenders in your state about the actions the repo man/women took when repossession your car. Because the lenders don’t want to risk having a lawsuit and other potential lawsuits such as a class action started against them from other clients who’s cars were repossessed the same way.  You might be able to come to a resolution which would be debt cancellation and the removal of the negative information off of your credit reports.


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