Asked 7/21/2011
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If my car is in my garage secure can the repo man enter and get my car in the state of wisconsin? If my car is in my garage secured can the repo man enter and get my car in the state of Wisconsin |
Answer 1/2 - Submitted 7/21/2011
A repossession company is not allowed to 'breach the peace' when reclaiming property for banks or other lenders. Entering building, whether it was closed or the door left wide open, constitutes a breach of peace in most states.
However, if you pursue this in court, and no property of yours was damaged (such as the garage door), and all property of yours located in the car was returned to you and nothing disappeared from inside the garage other than the car and its contents, it's unlikely anything would happen. If anything was damaged or stolen and not returned then they would have to pay for the damages or lost items.
And at the end of the day, your car is still repossessed for non-payment or another breach of contract. Even if they took it unlawfully the car cannot be returned to you because it was no longer legally yours when you breached your contract.
Unless someone was there to witness the garage door being opened or a video camera caught the act, it's likely that they would just lie and say the car was sitting in the driveway. I know it's a pain the butt, but without proof it's your word against their word and, unless they regularly get complaints, the judge would probably believe them (as you are 'disgruntled' about your car). As I said, I know it sucks, but companies lie all the time to save face when they do things incorrectly and without proof you can't show that they're lying.
Edit: Justdntknow, if they haven't yet come into your garage then it's unlikely that they will. Most repo companies are not so unscrupulous. If you are trying to hide the car I really recommend against it, as you're going to wrack up a repossession fee as well, but you should hide it in a better place than your own garage. Someone else's garage would be better.
A repo company can get a court order to allow them into your garage if they believe you have the car hidden there. Getting into someone else's garage is a much more difficult matter.
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