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Can The Repo Man Move A Car To Get Yours?

ByJoshua Denbeaux July 2, 2024November 12, 2024

Your car is an integral part of everyday life. Daily tasks like getting to and from work and picking up groceries can be extremely difficult without a vehicle.

Repossession agents can act in ways that may be strange and unfamiliar. You must understand what they can do so you know if your rights are being protected.

If you’re dealing with a repossession agent, contacting an attorney is recommended. An experienced attorney can help you protect your rights and fight against illegal repossession.

Contact Denbeaux Law today to learn more about repossession laws and how we may be able to help you fight illegal repossession.

What Can Repossession Agents Do?

Part of what you agree to when purchasing a car is an agreement that private property can be entered to repossess the vehicle if you refuse to make payments.

The goal of a repossession agent is to get a vehicle back peacefully. They can lie to you and give you incorrect information about your vehicle repossession so they can remove property without violence. They are within their rights to tell you that if you give up your car to them, you won’t have to repay any debts or that you could get your car back.

Even though repossession agents have some rights, they can only do certain things. For example, they cannot obtain law enforcement assistance to repossess your vehicle. 

Repo agents are not allowed to breach the peace, which can mean various things depending on the situation. A few examples of actions repossession agents can’t take are using force or refusing to leave your property when asked.

If you believe your vehicle has been illegally repossessed, contact an attorney as soon as possible. You may have a case for getting your vehicle back from your lender.

What Repossession Agents Can’t Do

Repossession agents must follow the rules and regulations to repossess your vehicle lawfully. Just like they can use the idea of peaceable removal to their advantage to lie, they also have to use peaceable methods to get the property back.

A repo agent can’t move another car to get your vehicle without permission. If another vehicle is blocking your vehicle, they will need permission from the owner to move it.

Repossession agents can’t threaten you, use physical force, or harm you in any way. This is a breach of the peace and is not allowed.

Repo agents are not allowed to enter your home without permission. They must comply if they enter your home and you ask them to leave. Repossession agents may not enter any enclosed property or locked fence without permission.

A repo agent is just a repossession agent, not a lawyer, and they can’t give legal advice. Repossession agents may lie to you and say you won’t owe any debts if you allow them to take the car. This is not necessarily accurate, and you shouldn’t believe or listen to any advice they give you.

Repossession agents are not allowed to seek assistance from the police in repossession vehicles. Getting assistance from law enforcement constitutes a breach of the peace and violates your rights.

It is illegal for repo agents to chase you or block your driveway to prevent you from leaving. These offenses are considered threatening and false imprisonment accordingly. It would be extremely stressful to experience this from a repossession agent. If you experience similar acts from a repossession agent, you should call the police and report the incident.

Breaking locks to enter a fenced-in area or a locked garage is also considered a breach of the peace. Repossession agents have no right to break into your property. It is important to get proof of these actions to fight against the illegal repossession of your vehicle.

Where Can a Vehicle be Repossessed?

A vehicle can be repossessed anywhere. Repo agents tend to frequent places where they know they’re likely to find your vehicle, like your home or place of work.

It’s not uncommon for repossession agents to check out relatives’ homes that you may visit. This may seem invasive, but they are within their rights to search for your vehicle.

Can a Repo Move Another Car?

It’s understandable that you may be tempted to block your car with other vehicles to prevent it from being repossessed. However, this tactic may not be successful in protecting your vehicle.

Generally, repossession agents shouldn’t be moving vehicles they’re not authorized to repossess. There may be exceptions to this rule. 

Owners of other vehicles, like your neighbors, can permit repo agents to move their vehicles to access yours. However, a repo agent cannot move a car if the vehicle’s owner is blocking yours and refuses permission.

Contact a Repossession Attorney Today

Having your vehicle repossessed can be difficult. The laws about what a repossession agent can and can’t do are confusing and unfamiliar.

Knowing your rights and how to protect them regarding vehicle repossession is important. If your vehicle is at risk of being repossessed, you should get in touch with a repossession attorney.

Joshua Denebaux is a New Jersey attorney committed to fighting for consumer rights. Contact Denbeaux Law today to learn more about how we may be able to help you protect your rights.

Joshua Denbeaux

Attorney

Joshua Denbeaux is a Partner at Denbeaux & Denbeaux, concentrating his practice on financial consumer rights issues and foreclosure defense. He has substantial experience in legal matters related to foreclosure, loan modification, debt collection, and the prosecution of cases related to predatory lending. Mr. Denbeaux received his law degree in 1994 from Seton Hall University after completing his undergraduate work at The College of Wooster. Mr. Denbeaux is licensed to practice in the United States District Courts for New Jersey.

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Denbeaux & Denbeaux - Attorneys at Law

Denbeaux and Denbeaux is a family-run law firm that represents the under-represented. The firm primarily practices mortgage, consumer protection, automobile, and repossession litigation.

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  • Resources
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