+ Reply to Thread
Results 1 to 11 of 11
Like Tree1Likes
  • 1 Post By swalsh411

Thread: Breach of Peace - Illegal repo?

  1. #1
    ouchT is offline Junior Member
    Join Date
    Aug 2008
    Posts
    3

    Breach of Peace - Illegal repo?

    What is the name of your state (only U.S. law)? Michigan

    First let me start by saying, yes I am behind on my car payments.
    I am 27 days late as of today. I understand that they financed my car, and I was responsible for paying them on time. Before you tell me that I signed a contract, and I knew the terms I want to tell you I am aware of all of that. I live in a state that seems to be crumbling around me. There are more houses vacant on my street than not, and foreclosure stickers on every single street. I have been working very hard to keep our house payments, utilities and food on the table. i have not been spending money that I shouldn't and putting off my car note. The money and work simply isn't there like it used to be.

    However, it is unbelievable what just happened to me and I would like to get your opinions on what you think I should do at this point.

    Earlier this evening my husband ran into the house and stated that there was a tow truck in the driveway. I ran outside and asked what they were doing and I was told to move out of the way. My car was parked with the front end in the garage, the back end hanging out. The tow truck driver said that he was repossessing my car, and I told him no he was not. He started yelling at me to move out of the way and was trying to get the guy with him to hook up my car. I told him to leave my property and he refused, I asked him to see a court order for repossession and he told me that he did not need one.

    I told him again that he was not hooking my car to anything before I saw any papers from him. I also told him he did not have my permission to take anything out of my garage (although to be honest again, half of my car was in, half was out) I then called the police. He flipped my phone closed at which point I moved back from him and reopened and dialed 911.

    I explained to the operator what was going on, all the while yelling back and forth with the tow truck driver. While on the phone with 911 told the other person with him to hook up my car. He was also yelling at my husband to give him the keys, which I refused. I disconnected with the 911 operator and called capital one and they told me they would talk to the tow truck driver to stop the repo, however the repossession agent refused. I told him that I needed to get my purse out of the car, at which point the bigger of the two men pushed me from my car, and told me not to touch the vehicle again.

    The other man was still trying to get my car hooked up and the man again insisted that we give him the keys. It was at this point that the police officer showed up. He was absolutely no help what-so-ever, and told me that I had to let them take my car. I explained to him that he was yelling, making a scene and arguing with my husband outside and causing a scene and refusing to speak with capital one (whom was still on the phone listening) he told me that he did not have to talk to capital one, he wasn't going to speak to capital one and to give the tow truck driver my keys.

    At this point, I was very upset and admittedly getting loud with the police officer. I did nothing illegal, but he was talking to me like I was the biggest scum on earth for not paying my car note on time.

    The police officer asked the repossession men if they had a copy of the order from Capital One to provide me, they said they did not and he said thats OK, and waived them to leave. I had to sit and watch as they finished strapping my car and they drove off. I went to go back into my garage at which point the entire door folded in half into the shape of a triangle. My door was not damaged before the repossession men came. I immediately told the police officer I wanted to file a police report for damages at which point the police officer told me that I could not prove when my garage door was damaged. The police officer said that it looked like it had just fallen off the track...interesting how my garage door never had a single problem until they came into my garage to take my car.

    The police officer called for assistance at that point in which another police officer just came and pretty much listened to the story all over again. I was told at that point I had no proof that they repossession agents damaged my garage door (which again, I really do not, but the honest truth is there was nothing wrong with my garage door before this point, and the garage door was 3/4 open when they came for the car, not folded down or damaged in any way. I insisted that they file a report and they said they would but it was very unlikely there would be anything to come of my claim, but they would file a report for me to pick up after 7 days.

    Please - can I have some constructive advice on what my next step should be, besides of course calling a lawyer? Do I have grounds to take this to court? Should I take this to court? We planned on paying the car payment tomorrow which is my husbands paydate, however I will not be able to afford the fees they are going to charge for towing etc, and I really honestly feel I have been wronged.
  2. #2
    Some Random Guy is offline Senior Member
    Join Date
    Feb 2005
    Posts
    3,897
    I really honestly feel I have been wronged.
    And after reading all of that, I can say that you have not been wronged.

    Your car can be repossessed if it is one day late. Read your financing contract.

    Your situation is not unbelievable or unusual.

    Neighter the police or the tow driver were under any obligation to call capital one, produce a court order or a repossession notice. Read your contract.

    You should have given them the keys and opened your garage door for them instead of getting into a physical confrontation, trying to prevent them from doing their job and getting the police involved.
  3. #3
    ouchT is offline Junior Member
    Join Date
    Aug 2008
    Posts
    3
    Some Random Guy,

    So you are saying it was ok for them to come to my house, SCREAM in the driveway, push me and destroy my garage door?

    What is this law for then?

    -"Possession After Default Without Breach of Peace Unless otherwise agreed, secured party has, on default, right to take possession of the collateral. In taking possession a secured party may proceed without judicial process, only if this can be done without breach of the peace. If not, a legal action may proceed. Michigan UCC MCL 440-9503"=

    "A breach of the peace occurs if the creditor repossesses in disregard of the debtor's unequivocal oral protest. C.I.T. Corp. v. Reeves, 150 So. 638 (Fla. 1933). A breach of the peace occurs even if the debtor protests while the attempt to take the personal property is in a public place. Northside Motors of Fla. Inc. v. Brinkley, 282 So.2d 617 (Fla. 1973). The rule of requiring only an oral protest as sufficient to stop self-help repossession is to prevent the situation from approaching violence.

    Likewise, a breach of the peace can occur if the secured party damages other property of the debtor while repossessing the collateral. The exception is personal property left in the debtor's vehicle which was repossessed."

    I am quite sure there was a breach of peace...

    I made it clear to the recovery driver that he did not have consent to be in my garage or on my property. I asked for documentation, he provided me none, nor did he provide any for the police officer.

    It is amazing to me that I could show up in your driveway with a tow truck and take your car without ANY documentation.
    I could just simply refuse to speak with the company I am claiming to work for, yell at the top of my lungs at you to give me the keys and rant at you about making your car payments on time with neighbors in all 4 directions peering at you. This is all happening while with the creditor telling you that they want to speak with me, they can stop this before your car is strapped..While I am at it I will take my 300 pound self and push you away from your car door and slam it shut. Feel threatened? Want to call the police? Let me then flip down your phone when you attempt to call the police. On second thought, it will sure be great when the police come...They will waive me out of your driveway after I break your garage and drive away.

    Maybe if I was in this business I could afford to make my car payment.
    Last edited by ouchT; 08-15-2008 at 02:25 AM.
  4. #4
    >Charlotte< is offline Senior Member
    Join Date
    Mar 2007
    Posts
    5,079
    You're dealing with three separate issues, none of which have any bearing on the other: repossession, assault, and property damage.

    Irrespective of the other issues, you were late on your car payment and, depending on the terms of the loan, Capital One was probably justified in repossessing the car.

    If the tow truck driver laid a hand on you, that's assault, which is a criminal issue. You can take that up with the police and the driver may or may not be charged, but that has no bearing on the repossession itself.

    If the tow truck driver damaged your garage door you can sue them for the cost of the repairs but, again, that has no bearing on the repossession.

    Contact Capital One for the car problem, the police for the assault, and your lawyer for the property damage.
  5. #5
    mmmagique is offline Member
    Join Date
    Jun 2008
    Posts
    795
    Not to mention illegal repossession. This was not peaceful, therefore it was illegal. I cannot guarantee the following info to be completely accurate, but I do know that generally, a repossession HAS to be peaceful. The second there is screaming and especially physical contact, the repossession person has to cease.

    OP, make sure that the repo guy has valid collection agency License and Regulation from:



    Collection Practice Board

    P.O. Box 30018

    Lansing, Michigan 48909



    Telephone: (517) 241-9239

    And read the info below, which I found at [url=http://www.repo-laws.com/repossession-codes/michigan.htm]Michigan Repo Laws - Repossession Laws - Repo-Laws.com[/url]


    Repo Laws - Repossession Laws in Michigan:



    Where do I refer to for Title or License Registration?

    For state Title and License Information, refer to:



    Michigan Bureau of Driver and Vehicle Records

    7064 Crowner Drive

    Lansing, Michigan 48918



    Telephone: (517) 322-1460



    Fee for search of records is $6.00 per item.



    Security Interests:

    Shown on title held by debtor.



    Recording Requirements:

    Per the Uniform Commercial Code (UCC) adopted in January, 1964: With Registrar of Deeds in county where mortgagor resides or where property is located. A financing statement required to be recorded with Registrar of Deeds and must be noted on the Certificate of Title as well.

    Recovery Requirements:

    As per the UCC, repossession is allowed and permitted as long as it is peaceful.



    Repossesses must hold valid collection agency License and Regulation from:



    Collection Practice Board

    P.O. Box 30018

    Lansing, Michigan 48909



    Telephone: (517) 241-9239


    Redemption Requirements:

    Fifteen (15) days after repossession.

    Deficiency Requirements:

    Permitted if security agreement so provides and if notice and sale provision of act is followed.

    Special Motor Vehicle Provisions:

    Affidavit of lien filed with Secretary of State and lien noted on Certificate of Title. Comprehensive Motor Vehicle Retail Installment Act in force.

    Documents Required to Transfer Ownership of Motor Vehicle:

    Application for title in lienholder's name, certified copy of contract, notarized Power of Attorney, affidavit of repossession.



    Documents Required for Liquidation:

    Title must be in lienholder's name. Forward application for title accompanied by a certified copy of the security agreement and an affidavit of repossession.



    Plates:

    Remain with the owner / debtor.



    All recovery requirements and fees are current as of 2002.
  6. #6
    julidee is offline Junior Member
    Join Date
    Apr 2009
    Posts
    1
    How did this situation end up? I found myself in a similar repo incident. The repo man actually grabbed me. It was 1am. It was NOT peaceful, and from what I understand if there is any kind of altercation, the repossession is supposed to end.
  7. #7
    KFerdig is offline Junior Member
    Join Date
    Jul 2012
    Posts
    1

    Post Read this

    This article might help you it did me http://www.kcpd.org/masterindex/Files/Lb/LB%2097-08.pdf



    Quote Originally Posted by ouchT View Post
    What is the name of your state (only U.S. law)? Michigan

    First let me start by saying, yes I am behind on my car payments.
    I am 27 days late as of today. I understand that they financed my car, and I was responsible for paying them on time. Before you tell me that I signed a contract, and I knew the terms I want to tell you I am aware of all of that. I live in a state that seems to be crumbling around me. There are more houses vacant on my street than not, and foreclosure stickers on every single street. I have been working very hard to keep our house payments, utilities and food on the table. i have not been spending money that I shouldn't and putting off my car note. The money and work simply isn't there like it used to be.

    However, it is unbelievable what just happened to me and I would like to get your opinions on what you think I should do at this point.

    Earlier this evening my husband ran into the house and stated that there was a tow truck in the driveway. I ran outside and asked what they were doing and I was told to move out of the way. My car was parked with the front end in the garage, the back end hanging out. The tow truck driver said that he was repossessing my car, and I told him no he was not. He started yelling at me to move out of the way and was trying to get the guy with him to hook up my car. I told him to leave my property and he refused, I asked him to see a court order for repossession and he told me that he did not need one.

    I told him again that he was not hooking my car to anything before I saw any papers from him. I also told him he did not have my permission to take anything out of my garage (although to be honest again, half of my car was in, half was out) I then called the police. He flipped my phone closed at which point I moved back from him and reopened and dialed 911.

    I explained to the operator what was going on, all the while yelling back and forth with the tow truck driver. While on the phone with 911 told the other person with him to hook up my car. He was also yelling at my husband to give him the keys, which I refused. I disconnected with the 911 operator and called capital one and they told me they would talk to the tow truck driver to stop the repo, however the repossession agent refused. I told him that I needed to get my purse out of the car, at which point the bigger of the two men pushed me from my car, and told me not to touch the vehicle again.

    The other man was still trying to get my car hooked up and the man again insisted that we give him the keys. It was at this point that the police officer showed up. He was absolutely no help what-so-ever, and told me that I had to let them take my car. I explained to him that he was yelling, making a scene and arguing with my husband outside and causing a scene and refusing to speak with capital one (whom was still on the phone listening) he told me that he did not have to talk to capital one, he wasn't going to speak to capital one and to give the tow truck driver my keys.

    At this point, I was very upset and admittedly getting loud with the police officer. I did nothing illegal, but he was talking to me like I was the biggest scum on earth for not paying my car note on time.

    The police officer asked the repossession men if they had a copy of the order from Capital One to provide me, they said they did not and he said thats OK, and waived them to leave. I had to sit and watch as they finished strapping my car and they drove off. I went to go back into my garage at which point the entire door folded in half into the shape of a triangle. My door was not damaged before the repossession men came. I immediately told the police officer I wanted to file a police report for damages at which point the police officer told me that I could not prove when my garage door was damaged. The police officer said that it looked like it had just fallen off the track...interesting how my garage door never had a single problem until they came into my garage to take my car.

    The police officer called for assistance at that point in which another police officer just came and pretty much listened to the story all over again. I was told at that point I had no proof that they repossession agents damaged my garage door (which again, I really do not, but the honest truth is there was nothing wrong with my garage door before this point, and the garage door was 3/4 open when they came for the car, not folded down or damaged in any way. I insisted that they file a report and they said they would but it was very unlikely there would be anything to come of my claim, but they would file a report for me to pick up after 7 days.

    Please - can I have some constructive advice on what my next step should be, besides of course calling a lawyer? Do I have grounds to take this to court? Should I take this to court? We planned on paying the car payment tomorrow which is my husbands paydate, however I will not be able to afford the fees they are going to charge for towing etc, and I really honestly feel I have been wronged.
  8. #8
    ShyCat is offline Senior Member
    Join Date
    Nov 2000
    Posts
    1,551
    Please don't necropost. This thread is over 3 years old.
  9. #9
    swalsh411 is offline Senior Member
    Join Date
    Dec 2009
    Posts
    7,897
    OP has probably gone on to have at least 3 or 4 more cars repossessed by now.
    OHRoadwarrior likes this.
  10. #10
    ouchT is offline Junior Member
    Join Date
    Aug 2008
    Posts
    3

    Follow up

    Wow..judge much? I actually ended up getting my car back the following Monday. Because my car payment was not in default by over 30 days (therefore they did not send a right to cure letter) they were not entitled to take my vehicle in the first place. My car has been paid off for over a year now, and the towing company paid for the garage door to be replaced.
  11. #11
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,745
    Quote Originally Posted by ouchT View Post
    Wow..judge much? I actually ended up getting my car back the following Monday. Because my car payment was not in default by over 30 days (therefore they did not send a right to cure letter) they were not entitled to take my vehicle in the first place. My car has been paid off for over a year now, and the towing company paid for the garage door to be replaced.
    Congratulations.

Similar Threads

  1. Car Repo - Sue for Breach of Peace/Emotional Distress
    By wanttoknow07 in forum Debt Collections
    Replies: 2
    Last Post: 09-12-2011, 10:39 PM
  2. Breach of Peace
    By Runner in forum Civil Litigation
    Replies: 2
    Last Post: 10-07-2008, 11:34 AM
  3. Breach of Contract, mailicious Prosecution? and Illegal Act from an illegal repo
    By NeedSomeJustice in forum Consumer Contracts, Guarantees and Warranties
    Replies: 0
    Last Post: 09-14-2007, 11:26 AM
  4. Breach Of The Peace
    By RICH7 in forum Other Real Estate Law Questions
    Replies: 1
    Last Post: 02-25-2003, 10:20 PM
  5. Breach of Peace
    By Rediculous! in forum Child Custody & Visitation
    Replies: 1
    Last Post: 02-26-2001, 12:24 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.