Under what circumstances, if any, would breaking into a locked garage to repossess a car not...

Under what circumstances, if any, would breaking into a locked garage to repossess a car not be considered a breach of the peace?

The court did not decide that a breach of the peace had occurred. What would determine that such a breach had occurred?

Expert Solution

Breaking into a locked garage to repossess a car not be considered a breach of the peace only when the bank got a court order. Creditors are allowed to engage in self-help to repossess cars. But that freedom is not without limits.

If a creditor risks “breaching the peace,” then it is not allowed to repossess the vehicle. That means it cannot use, or threaten to use, force or violence. It cannot break locks or destroy or damage property in attempting to reach the car.

But if the bank gets a court order and you don't turn the truck over to the bank, then the breaking into breaking into a locked garage to repossess a car not be considered a breach of the peace.

If the repo agent breaks into your garage to take the truck, that is breaching the peace. You can raise that as a defense if the creditor files a deficiency lawsuit against you. You may also be able to file a counterclaim for any damages that the bank or repo agent causes (including damage to your garage and locks).

Rahul Sunny answered 2 years ago

Would there be any circumstances under which this phenomenon would not occur?

Why is it that, in the short-run, after a certain number of workers has been hired, output increases by less and less with each additional worker hired? Illustrate your answer with an example.Would there be any circumstances under which this phenomenon would not occur?

What is civil disobedience and why is it controversial? Under what circumstances, if any, would you...

What is civil disobedience and why is it controversial? Under what circumstances, if any, would you support (or commit) civil disobedience? Please be specific.

Q1. under what circumstances would static hashing be better than extendible hashing? Q2. under what circumstances...

Q1. under what circumstances would static hashing be better than extendible hashing? Q2. under what circumstances would extendible hashing be better than static hashing?

Is sampling always necessary? Discuss under what circumstances it is necessary and under what circumstances it...

Is sampling always necessary? Discuss under what circumstances it is necessary and under what circumstances it would not be.

Under what circumstances would favor the foreign earned income exclusion

under what circumstances would you choose to join a union? if you would not join a...

under what circumstances would you choose to join a union? if you would not join a union under any circumstances-- it is an acceptable position as long as you can support it. this is for Trends and Issues in Nursing.

Is the minimum wage a living wage? Under what circumstances would a minimum wage be a...

Is the minimum wage a living wage? Under what circumstances would a minimum wage be a nonbinding price floor? Under what circumstances would a living wage be a binding price floor? Should the government enforce a minimum wage? Should the government implement a living wage?

In 300 words, Under what circumstances would it be appropriate for a firm to use different...

In 300 words, Under what circumstances would it be appropriate for a firm to use different costs of capital for its different operating divisions? If the overall firm WACC were used as a hurdle rate for all divisions, would the riskier divisions or the more conservative divisions tend to get most of the investment projects? Why? If you were to try to estimate the appropriate cost of capital for different divisions, what problems might you encounter? What are the two...

What is the difference between a financial and operating lease? Under what circumstances would you use...

What is the difference between a financial and operating lease? Under what circumstances would you use one versus the other? When owning versus leasing projections have a very slight difference in total costs, which method would you recommend and why?

What is the treatment protocol for active TB? Under what specific circumstances would isolation be imposed?...

What is the treatment protocol for active TB? Under what specific circumstances would isolation be imposed? What would you consider to be the 'pros' and 'cons' of imposed isolation for active TB?

Question