Can a person repossessing a car enter your closed attached garage and remove the car by opening the garage door from inside?

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Can a person repossessing a car enter your closed attached garage and remove the car by opening the garage door from inside?

A person repossessing my car, entered my closed garage by crawling underneath it through a foot to foot and a half opening, disengaging the automatic door opener from inside the garage and removing the car. The garage is attached to my home and is entered from my garage. The car was not visible even though the door was open a little.

Asked on December 21, 2011 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, the car repossessor can enter a closed attached garage and remove the vehicle that you presumably are delinquent in making payments on. The real issue is whether or not that conduct was legally allowable.

In order to ascertain if it was, you need to carefully read your loan agreement to see if the conduct that you have written about was contractually allowable. If so, then the issue is whether or not there is any staute in the state that you live in prohibiting the conduct.

I suggest that you consult with an attorney who does automotive law about your situation. At first blush, the conduct that you have written about unless authorized by the loan agreement seems to be a civil trespass.


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