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?

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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 1 year ago

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