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Can I Go to Jail for Hiding My Vehicle from a Repo Man? Exploring the Legal Consequences

Posted by Nathan DeLadurantey | Aug 07, 2023

No — simply hiding your vehicle from a repo agent is not, by itself, a crime under Wisconsin law. The Wisconsin Consumer Act doesn't require you to tell a lender or repo agent where your car is, or hand it over.

Hiding the Car Is Not the Same as "Breach of the Peace"

Those are two different concepts, and it's easy to mix them up. Where you keep your car beforehand is not a "breach of the peace" issue at all — that term describes what happens during an actual repossession attempt. Under Wis. Stat. § 425.206(2)(a), a repo agent cannot force the issue: they may not commit a breach of the peace to take the car, and they cannot enter a residence to get it without your voluntary invitation. Wis. Stat. § 425.206(2)(b).

You Are Not Required to Surrender the Car

Wisconsin law only recognizes a truly voluntary surrender of collateral. Wis. Stat. § 425.204(1). A surrender made because the lender demanded or threatened it isn't voluntary under the statute. Wis. Stat. § 425.204(3). So declining to hand the car over, or not volunteering its location, is not itself unlawful.

Where Criminal Exposure Actually Comes From

The Wisconsin Consumer Act's own criminal penalty, Wis. Stat. § 425.401, is aimed at merchants and creditors who willfully violate the Act — it does not criminalize a customer for not surrendering or not disclosing a vehicle's location. That said, this is specific to the Consumer Act: other, unrelated laws can still apply to how a person handles a vehicle during this process — for example, damaging the car or giving false information to a police officer raises separate legal risks outside chapter 425. This page is about the Consumer Act's own rules, not a review of every criminal statute that could theoretically apply to unrelated conduct.

If a lender has sent you a notice of default, you may also still have a right to cure the default before this becomes an issue at all, and our page on breach of peace during a repossession covers what a repo agent can and can't do if they do find the car. See also what happens when a repo agent can't find your car and our overview of Wisconsin repossession rights.

Attorney Nathan DeLadurantey offers free consultations to explain your rights under Wisconsin repossession law. Free consultations can be scheduled online.

About the Author

Nathan DeLadurantey
Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.

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The DeLadurantey Law Office, LLC is committed to answering your questions about Vehicle Repo's, Credit Report/Identity Theft, Auto Fraud, and Debt Collection Abuse law issues in Wisconsin.

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