Understanding the Repossession Process
In Wisconsin, creditors have the right to repossess collateral (like a car) if a borrower defaults on their loan payments. However, this process must be conducted legally, without breaching the peace.
What Constitutes a "Breach of Peace"?
Wisconsin law prohibits repossessors from breaching the peace during a repossession. This can include:
- Using physical force or threats
- Entering a locked garage or dwelling without permission
- Continuing the repossession after a clear and unequivocal protest from the borrower
Peaceful Protest Options
If you believe a repossession is being conducted illegally (e.g., breach of peace), you have some options for peaceful protest:
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Verbal Protest: Clearly and firmly state your objection to the repossession. Say something like, "You may not take the car." This is enough to require the repo agent to stop. Their continuation of the repossession after this point may be a violation of the law.
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Documentation: If the repossession continues despite your protest, document the incident. Take photos or videos of the repossession, focusing on any actions that seem to violate the law.
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Witnesses: If possible, have witnesses present to corroborate your account of the events.
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Legal Counsel: Consult with a consumer attorney to understand your rights and options. They can advise you on the legality of the repossession and potential next steps.
Important Considerations:
- Do not physically interfere: Avoid any actions that could be interpreted as physical obstruction or threats. This could lead to legal trouble for you.
- Stay calm: Even if you're upset, maintain a calm and respectful demeanor. Escalating the situation is not necessary to preserve your rights.
- Know your rights: Familiarize yourself with Wisconsin's repossession laws to understand what is and isn't permissible.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
