Here is the Georgia code


Certificate of Title Required Owners of vehicles required by law to be registered, for which no Georgia certificate of title has been issued, may make application to the commissioner or to the tag agent in county where owner resides, or if vehicle is owned by and used in connection with established business, application may be made to commissioner or tag agent in county in which business is located. When owner of vehicle is required to have certificate of title, until a certificate of title application is made, the tag agent or commissioner may not register or renew. See Georgia Code Section 40-3-20

Certificate May Be Held By Secured Party The Certificate of title is mailed or delivered to holder of first lien named in it. If there is no security interest holder or lienholder named, the certificate of title is mailed or delivered directly to owner. The commissioner may by agreement deliver electronic notice and recording of security interests. If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other lien or security interest holders that such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien. See Georgia Code Section 40-3-26

Custody of Certificate After Payment The security interest holder or lienholder may retain custody of certificate of title until claim has been satisfied. The security interest holder must deliver the certificate to the next lienholder within ten days after interest has been satisfied. If there are no other security interests, the certificate of title is delivered to owner. See Georgia Code Section 40-3-26

Prohibited In Lease Purchase Agreement A lease-purchase agreement may not contain provision requiring garnishment of wages or power of attorney to confess a judgment, granting authorization to lessor or agent to unlawfully enter upon the lessee's premises or to commit any breach of the peace in repossession of goods, requiring lessee to waive any defense, counterclaim, or right of action in collection of payments under the lease or in the repossession of goods, requiring the lessee to agree not to assert a claim or defense arising out of the lease, requiring any collection or repossession charges in excess of those allowable, or providing that lessee cannot return the leased property to lessor at the end of any term. See Georgia Code Section 10-1-684

Georgia Uniform Commercial Code 11-1-101
The Motor Vehicle Certificate of Title Act, Georgia Code Section 40-3-1
Possession and Sale Top


Possession After Default Unless otherwise agreed, and subject to compliance with other applicable laws, a secured party has, on default, the right to take possession of 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 to recover possession. See Code of Georgia Section 11-9-503, a link to the Georgia Legislature.

Right to Redeem Collateral At any time before secured party has disposed of collateral or entered into contract for disposition under Code Section 11-9-504 or before discharge under Code Section 11-9-505, the debtor or any other secured party may, unless otherwise agreed in writing after default, redeem the collateral by tendering fulfillment of all obligations secured by collateral, expenses reasonably incurred by the secured party in retaking, holding, and preparing collateral for disposition, arranging for sale, and to extent provided in agreement and not prohibited by law, reasonable attorneys' fees and legal expenses. See Georgia Code Section 11-9-506

Compulsory Sale If debtor has paid 60 percent of the cash price in case of a purchase money security interest in consumer goods or 60 percent of the loan in case of another security interest in consumer goods, and has not signed after default a statement renouncing or modifying his rights under this part a secured party who has taken possession of collateral must dispose of it under Code Section 11-9-504, and if he fails to do so within 90 days after possession, the debtor may recover certain damages. See Georgia Code Section 11-9-505

Acceptance of Collateral as Discharge In cases other than consumer goods 60% cases, secured party in possession may, after default, propose to retain the collateral in satisfaction of the obligation. Written notice of must be sent to debtor if debtor has not signed, after default, a statement renouncing or modifying rights. In the case of consumer goods no other notice need be given, but additional notice to certain holders of subordinate liens. If secured party receives objection in writing from a person entitled to receive notice within 21 days after notice was sent, secured party must sell collateral under Code Section 11-9-504. If no such written objection is received, secured party may retain collateral in satisfaction of the debt. See Georgia Code Section 11-9-505

Sale and Application of Proceeds A secured party after default may sell, lease, or otherwise dispose of collateral in its then condition or following any commercially reasonable preparation or processing. Any sale of goods is subject to Article 2 of the UCC on sales. Proceeds of sale must be applied in order following to reasonable expenses of retaking, holding, preparing, selling, or leasing, and, to extent provided for in agreement and not prohibited by law, reasonable attorneys' fees and legal expenses incurred by secured party. Proceeds would the be applied to satisfaction of debt secured by security interest under which sale is made. See Georgia Code Section 11-9-504
Subordinate Liens Remaining proceeds would next be applied to satisfaction of debt secured by any subordinate security interest in the collateral if written notification of demand is received before distribution of proceeds is completed. If requested by the secured party, holder of a subordinate security interest must seasonably furnish proof of interest, and unless he does so, secured party need not comply with demand. See Georgia Code Section 11-9-504
Accounting and Deficiency If security interest secures debt, the secured party must account to debtor for any surplus, and, unless otherwise agreed, debtor is liable for any deficiency.
Public or Private Sale After Notice Disposition of collateral may be by public or private sale, and may be at any time and place and on any terms, but every aspect including method, manner, time, place, and terms must be commercially reasonable. Unless collateral is perishable, reasonable notice of time and place of any public sale, or reasonable notice of time after which any private sale is to be made, must be sent by secured party to debtor, if debtor has not signed, after default, a statement renouncing or modifying his right to notice. In non-consumer cases additional notice may be required for certain subordinate claims of interest in the collateral. See Georgia Code Section 11-9-504
Liability for Failure to Comply If it is established that the secured party is not proceeding in accordance with these provisions, disposition may be ordered or restrained on appropriate terms and conditions. In addition, damages are provided in this section. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the secured party either sells the collateral in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with reasonable commercial practices among dealers in the type of property sold he has sold in a commercially reasonable manner. See Georgia Code Section 11-9-507

Personal Property In Vehicle Any person who lawfully repossesses a motor vehicle shall be an involuntary, gratuitous, or naked depository of any personal property found in such motor vehicle and has a lien on such property for any reasonable expenses incurred in storing such property or in giving notice to such owner. See Georgia Code Section 44-14-411.1
Within ten days of date of repossession, person repossessing vehicle must notify owner of the intent to dispose of personal property. Notice must be actual notice, but may be by personal service or by service by certified mail. If the personal property is not redeemed within 30 days from the date of the first notice, a second notice must be sent in same manner. If the personal property is not redeemed within 30 days from date of second notice, personal property may be disposed of in manner most expeditious, without further liability and proceeds are disbursed as provided in Code Section 44-14-412. See Georgia Code Section 44-14-411.1


No Deficiency Without Notice When a motor vehicle has been repossessed after default in accordance with Part 5 of Article 9 of the Uniform Commercial Code, the secured party may not recover a deficiency against buyer unless, within ten days after repossession, he forwards by registered or certified mail to address of buyer shown on contract or later designated by buyer, a notice of the intention of secured party to pursue a deficiency claim against buyer. The notice must also advise buyer of right of redemption, and right to demand a public sale of repossessed vehicle. In event buyer exercises right to demand a public sale, he must advise holder in writing of election by registered or certified mail, addressed to holder at address from which holder's notice emanated, within ten days after the posting of the original notice. With election by buyer, holder must dispose of vehicle at a public sale as provided by law, in the state and county where original sale took place, or state and county where vehicle was repossessed, or state and county of buyer's residence, at holder's election. This provides cumulative additional rights and remedies to the Uniform Commercial Code Provisions which must be fulfilled before deficiency claim will lie against a buyer. See Georgia Code Section 10-1-36

There is also some case law that the court stated:
"Under Georgia law, a secured party, through its agents, has a right to enter premises peacefully and at any time to obtain its property. The absence of the debtor's knowledge or consent does not constitute a breach of the peace unless abusive and insulting language which incites violence is used or some other violation of the public peace, order, or decorum occurs. Here, Jackie Johnson was not at home when Associates Recovery repossessed the vehicle, and Adlisa Johnson was sleeping. The Johnsons admit that they did not witness the repossession. Accordingly, there were no oral threats or abusive language used at the time of the repossession."

Johnson v First Union Nat'l Bank
567 S.E.2d 44 GA App. 2002

So taking the "enter premises" literally, it appears they maybe able to. Otherewise since you weren't there, they will probably lie and say it was in the driveway.
Obviously , you should seek legala dvice if you want to redeem the vehicle

For all the people here citing statutes you are clueless! Of course they CANNOT enter the property without consent or a court order in which the owner of the property would have to have had a say in the procedings! The US Constitution TRUMPS ALL of your statutes and assumptions of law. Unless the contract for the car gave permission then the US Constitution stands! You cannot be deprived of property without due process, US CONSTITUTION, of law. End of story. You know they took it from your garage, so write up an affidavit of truth to that effect and attach it to a criminal complaint, file it with your civil suit and have them served! Also you can do a commercial lien process against the Repo people and lien them up! Don't take this lying down! Good luck!

Well to start with i commend the other answer man for giving you a lot of info. as far as my answer goes, i owned a repo company for years and "NO WAY" can they enter your garage it doesnt matter if the door is open or not you can file a greivence against them and you can take it as far as pressing charges against the repo company, get a lawyer and hang them. i hope i have been some help to you.

Can a finance auto company enter into an agreement with a third party and later reposses your vehicle in the State of California

The first thing you should of did when you got home is call 911 and report that someone went into your garage and stole your car. repo personnel are not allowed to go into private dwellings to repo a vehicle. find out who the repo company was and file breaking and entering charges.

A repo man cannot enter a private dwelling in the state of georgia or any building attached to a private dwelling. and further more any repo man who would go inside someones garage to get a car, is flirting with disaster.

For those of you that are saying they "cannot" enter, need to read the Ga Supreme Court decision I cited above.
That Court has has taken debtor/creditor rights in a severe turn in favor of the creditor. There are plenty of websites devoted to this issue of repossession. And state laws vary a great deal. Some state legislatures have passed prohibitions that favor the debtors and some the creditor. A rule of thumb seems to be that the further south one goes the more creditor friendly the law is.
California and Alabama are the furtherest apart in "repossession"

All the above posters are relying on the fact the debtor can prove what they say; when in fact unless they have the acts on tape, they cannot. It is their word against the recovery agents. I am betting that 99% of prosecutors in Ga, knowing that state supreme court ruling, would not even consider prosecuting the reovery agents in this case. Nor is the criminal investigation bureau going to spend any resources attempting to recover forensic physical evidence from the garage, such a fingerprints ( when there will not be any but the homeowners anyway) or submit and cut chains or locks for examination.
I cited the Ga Code and the controlling case law for GA; and then I have offered a pragmatice opinion.
The US Supreme Court has stated that recopvery agants can "repo" as long as they don't breach the peace. There is no US Supreme Court case law on "entering " private property, as that is left to the states and law enforcement to interpret; unless there is specific code which forbids them from doing so, ( specific purpose prohibition) Even in the cases where in the recovery agents were caught entering private property for a "repo", the remedy was criminal trespass which was a mild fine. That criminal case has no impact on the repo; and the vehicles are still "gone"
To understand the law on this , one must realize that once a borrower has breached, most contracts dictate that the property used to secure the loan are forfeit WITHOUT judicial interference or process. Plainly stated, the vehicle belongs to the lender, and the courts view "repo" as the legal owners recovering THEIR property. If they cannot recover THEIR property peacefully, all states require the lenders to seek judicial remedy: a court order to surrender the property served by Sheriff, and seized by the Sheriff.

No they cannot

No they cannot. You should have called an reported a break in.

As matter of fact A recovery agent can enter A garage or A gate as long as it is not locked. if it is locked then No they can none enter. same as bondsmen if a fugitive is known to be in a dwelling they can and will enter A dwelling repo men can enter as long as it is not locked that's the only difference.

This is alot of BULLS@@IT if you made your paments as agreed the REPO MAN would not have taken their car back, stop trying to beat the system make your payments.

After 2 years of saying! hey! i cant pay for this bike anymore. And they dont come and get! Now out of the blue i have people walking around in my yard when i am at work! pull on doors and looking around! WHAT CAN I DO!

I agree with SRDesq totally. He has quoted the answer totally correct.

They can walk onto your property but they can not jump locked gates or enter the garage while its shut but. Either way he has the car, you can see what kinda charges can be made by askn a police officer