Can a repossession company come into your garage or refuse to leave your premises?

In an attempt to repossess our car and man ran into the garage as we were pulling in. I did not know who he was or what he wanted . He shoved me from the car trying to get my purse and keys. My husband came to help and was placed in a choke hold and pushed down on his knees. I continued to ask him over and over who are you , what do you want. He took his shoulder and slammed me up against the car and said he was here for the car. A car pulled into the edge of the garage behind me and a woman came running into the garage yelling. They would leave or identify themselves. What can I do?

Asked on September 6, 2011 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country a vehicle subject to a repossession can only be repossessed upon an agreed turn over by the person in possession or the taking of it from a public area. For example, a public street or a public parking lot.

Repossession companies are not allowed to trespass upon a person's property to obtain possession of a vehicle such as entering a garage at a person's home. Most importantly, repossession companies and their employees are not allowed to use force to gain access to a vehicle as what apparently happened in your situation.

You should consult with an attorney over what recently happened in order to see what your legal recourse is.

Good luck.


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