Can a car be repossessed from behind a locked gate?

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Can a car be repossessed from behind a locked gate?

I was a manager at a commercial storage property. My car was behind their steel gate which locked behind each tenant after they entered in a code. The repo company tailgated behind a vehicle and jammed the gate so it wouldn’t close and lock; allowing them to pull the car off the property. I confronted them and said they were trespassing and gained access behind a locked gate which was illegal. They said they had a judgement and could enter even if it was locked. I have read this is false. Can I press charges? What type of attorney would I need?

Asked on May 16, 2012 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the law from the state attorney general's website: 

"Generally, your creditor has legal authority to seize your car as soon as you default on your loan. Once you are in default, your creditor may repossess your car at any time without prior notice and may come onto your property to do so. However, the creditor may not commit a "breach of the peace" by using physical force or threats of force. If this occurs, your creditor may be required to pay a penalty or compensate you for any harm done to you or your property."

Conatc your state attorney general's office for further details.  Speak with either a personal injury attorney or any litigator really on the matter.  Good luck.

 


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