How to foil the REPO man? repo law?
How to foil the REPO man? repo law?
A friend asked me the other day if you could foil the car repo man by
sitting inside the car and refusing to move. If the repo man towed the
car with you in it, he would be risking a kidnapping charge, he
opined, as well as an illegal tow procedure. If the repo man pried you
out of the car, it would be battery, and if he threatened you to get
you out, that would be a crime too, he supposed. Given that many repo
men are ex-convict car thieves, among other things, he would be
risking serious jail time. Are these opinions true? Are there any
lawyers out there that can affirm or deny these non-professional
opinions?
-Answer will depend on the state. But in TX, and I believe most other states,
a creditor may only repo a vehicle by self-help if it proceeds without
"breach of the peace" (see below). Under TX law, IMO, most of what you
describe above would likely be a breach of the peace. But keep in mind that
repo men don't always follow the rules and juries don't always believe
people who don't pay their bills on time.
§ 9.609. Secured Party's Right to Take Possession After Default
(a) After default, a secured party:
(1) may take possession of the collateral; and
(2) without removal, may render equipment unusable and dispose of collateral
on the debtor's premises under Section 9.610.
(b) A secured party may proceed under Subsection (a):
(1) pursuant to judicial process; or
(2) without judicial process, if it proceeds without breach of the peace.
-No, none of them are true. Since you agreed in your contract that the
company can take the car if you fail to make payments, refusing to move is
breaching the contract. Plus, the repo men could come with police or
sheriffs, who definitely could remove you.
Besides, what are you going to do, move into your car 24/7?