If you’re facing a potential car repossession, or if you’re car has already been repossessed, you might be wondering what the repo can and can’t do to repo a car.
As you might assume, there are laws in place that restrict what these agents can and cannot do during the repossession process.
Related Article To Read: What To Do If a Vehicle is Damaged During Repossession
Because there are so many questions related to this process, I created the article below in the form of an FAQ, asking and answering some of the most popular questions about what a repo man can do.
Table of Contents
Can a Repo man Come on Private Property?
Yes, repo men are permitted to enter private property to repo a car. However, they cannot legally:
- Enter locked private properties like garages, fenced yards, or gated areas without the owner’s consent, as it would be considered trespassing or breaching the peace.
- Use force or tools to break locks, cut chains, or otherwise forcibly enter locked private areas.
- Move or damage other vehicles or properties to access the vehicle in question.
- Receive assistance from police in carrying out the repossession, though police may intervene to maintain peace during disputes.
Entering secured private property without permission or damaging property to access a vehicle could lead to legal action the repo man, including charges of trespassing or breaching the peace.
Note: In some states it is legal for a repo man to enter an open driveway on private property, but in others it’s not. Check the laws in your state before taking action.
Can You Tell a Repo Man to Leave?
Yes, you can instruct a repo man to leave your private property. If they refuse to leave after being told, they would then be trespassing which is illegal on their part.
Can You Trespass a Repo Man?
Yes, if a repo man refuses to leave your private property after being instructed to do so, you have the right to issue a trespass warning, which gives you grounds to have them legally removed or arrested for trespassing.
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Can a Repo Man Knock on Your Door?
Yes, repo men are allowed to approach your home and knock on the door when trying to locate and recover your vehicle. However, they cannot enter your home without your permission, as that would constitute trespassing.
Can a Repo Man Knock in the Middle of the Night?
While inconvenient, repo men can legally knock on your door at any time of day or night when attempting to recover the vehicle.
As long as they don’t disturb the peace or trespass, the time of day is not restricted.
Can Repo Men Carry Guns?
In most states, repo men are permitted to carry firearms as long as they have the proper licensing and follow applicable gun laws.
However, they cannot use or threaten to use the firearm during a repossession, as that would be considered a breach of peace which is illegal.
Can a Repo Man Track Your Cell Phone?
No, repo men do not have legal authority to track your phone’s location. That would be a violation of privacy laws. They can only use public records and information to try and locate the vehicle.
Can you Repo a Truck With a Trailer Attached?
Yes, a repo man can legally repossess a truck even if it has a trailer attached to it.
Although the authority extends only to the vehicle that was secured by a loan, if the trailer must be taken to complete the repossession, it would be deemed lawful. However, the repo agent would be obligated to hand over any property not listed on the loan agreement as soon as reasonably possible.
Can a Repo Man Unhook a Trailer?
Yes, if the trailer is attached to the vehicle being repossessed, the repo man is permitted to unhook and leave the trailer behind when taking the car or truck.
Can a Repo Man Get a Warrant?
No, repo men do not have the authority to obtain warrants. However, the lender can get a court order called a “replevin” that compels you to surrender the vehicle if you are uncooperative.
Do You Have to Give Keys to the Repo Man?
No, you are not legally obligated to hand over your keys to the repo man. They are trained to gain entry into locked vehicles without keys during a repossession.
Related Article: How Do they Repo a Car Without Keys
Can a Repo Man Come to Your Work?
Yes, repo men can absolutely show up at your workplace and tow your vehicle from the parking lot if they locate it there. Your workplace is considered a public area they can access.
Can I Go to Jail to Hide My Car?
While simply hiding the car from the repo man is not grounds for arrest itself, you could potentially face charges for violating a court order if the lender gets a replevin order compelling you to surrender the vehicle.
Can a Repo Man Follow You?
Yes, repo men can legally follow you to locate and recover the vehicle, as long as they do not violate any traffic laws or harassment statutes in the process.
Can a Repo Man Come on Military Base?
No, repo men do not have legal authority to enter military bases to recover vehicles. They would need permission and assistance from the base security forces.
Can a Repo Man Block Your Driveway?
No, a repo man cannot block or park in your driveway to prevent you from leaving, as that would be considered false imprisonment which is illegal.
Related Article: Can a Car Be Towed With Someone in It?
Can the Repo Man Call the Police?
Yes, repo men often notify police of an upcoming repossession attempt so they are aware of the situation in case any issues arise. However, police cannot assist the repo man in taking the vehicle.
Can Police Help a Repo Man?
No, police cannot legally assist repo men in taking possession of a vehicle. Their role is just to keep the peace if any disputes or safety issues arise.
Can a Repo Man Drive Your Car Away?
Yes, once a repo man has gained access to your vehicle, they are permitted to drive it away to the towing facility. However, they cannot drive it if you or any passengers are still inside.
Can a Repo Man Take Your Car With You In It?
No, it is illegal for a repo man to take a vehicle if the owner or any passengers are still inside or around the car. They must wait until it is vacant.
Can Repo Men Use Force?
No, repo men cannot use any form of force, threats or violence during the repossession process. That would constitute a breach of peace which is illegal.
Can a Repo Man Break Into Your Car?
While inconvenient, repo men are permitted to use tools like slim jims to gain entry into a locked vehicle during a repossession, as long as no damage occurs.
Can a Repo Man Go Through Your Car?
No, repo men do not have any legal rights to go through the contents of your vehicle during a repossession. They can only take the car itself.
Can a Repo Man Make You Get Out of Your Car?
No, repo men cannot use any force or threats to make you exit your vehicle during a repossession attempt. They must wait until the car is vacant.
Can You Hide From the Repo Man?
While you can try to hide the vehicle, that is considered intentionally avoiding the debt obligation which courts tend to look unfavorably upon. The lender can also seek a court replevin order.
Can You Stop a Repo Man From Taking Your Car?
You cannot physically intervene to stop a repo man from taking your car. However, you can object to the repossession and instruct them to leave your private property.
My Final Conclusion on Repo Man Rules
The key things to remember are that repo men cannot breach the peace, trespass on private property, damage property, or use any force or threats during a repossession attempt.
As long as they operate within those legal boundaries, they are permitted to take back vehicles from delinquent borrowers on behalf of the lender.
Sources for This Article
- https://liftandtow.com/understanding-the-car-repossession-process/
- https://www.repohelpers.com/five-most-common-illegal-repossession-tactics
- https://money.usnews.com/money/business-economy/technology/articles/2009/04/28/secrets-of-the-modern-repo-man
- https://www.nolo.com/legal-encyclopedia/repossession-what-creditors-can-cant-29722.html
- https://www.abi.org/feed-item/how-long-will-a-repo-man-look-for-a-car
- https://www.bankruptcy-divorce.com/seven-things-the-repo-man-can-not-do/amp/
- https://www.thecarconnection.com/car-loans/finance-guides/how-quickly-can-my-car-be-repossessed/
Disclaimer:
This article, “What Can Repo Men Legally Do to Repossess Your Car?” by Steve Momot, is for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change, so this overview may not reflect current legal standards. Readers should consult a qualified attorney for legal advice on their specific situation. No attorney-client relationship is established by reading this article. All the information contained in this article was written either by using trusted and reliable sources or through my own personal experience as a former licensed used car dealer in the State of Florida.
