If an auto recovery agent broke into my locked garage and repo’d my car, isn’t this a breach of peace and what can I do about it?

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If an auto recovery agent broke into my locked garage and repo’d my car, isn’t this a breach of peace and what can I do about it?

My 17 year old daughter was home, the agent banged and banged on the doors. She will not open the door for anyone she does not know. Next she heard the garage door open, when she looked out he was hooking up the car. He yelled and screamed at her then left with the car. She is has not been able to sleep since.

Asked on August 28, 2012 under Bankruptcy Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country an automobile repossessor cannot enter into a garage (locked or unlocked) to repossess a vehicle. What was done was in violation of the law. For example you would have a cause of action for trespass and wrongful repossession of a vehicle against the company that had the employee do the wrongful act as well as the employee. I suggest you consult with an attorney who practices consumer law to see what your legal recourse is.


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