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Breach of Peace... how does this work?

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SakiaWarner

Junior Member
What is the name of your state?What is the name of your state? New York

I am currently dealing with a repossession that happened in Nov.
I am trying to determine what constitutes a BREACH OF THE PEACE.

The repo agent threatened me with jail, threatened my fiancee with physical harm and threatened to "take it to the next level" all of this done in front of a 12 yr old child and 2 other witnesses.

We did file a police report on this incident as well and had the option to file misdemeanor charges... we have not do so at this point.

The repo agent also broke NY state laws by failing to report the repo to police and failed to let the police inspect the car per NY law.

The original creditor has offered us a 50% settlement due to their behavior.

Now under NY UCC if there are any parts of UCC broken (ie breach of peace during repossession) then the creditor can be held liable to the debtor for the ENTIRE credit service charge (aka Finance Charge) and 10% of the principal balance of car.

Well in our case.. that adds up to WELL over the 50% settlement offer.

Should I wait for them to sue me and counterclaim and use these as affirmative defenses... or try and negotiate an agreement with creditor.

Any help is much appreciated
 



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