Falling behind on loan payments can be stressful, but Wisconsin law protects consumers from aggressive repossession tactics. If you're facing repossession, here's what you need to know about your rights regarding "breach of the peace" repossessions in Wisconsin.
Understanding Breach of the Peace Repossession
A repossession is considered a breach of the peace if the lender or their agent repossesses your vehicle in a way that disrupts the peace and order. This includes actions like:
- Using physical force or threats: Repossession agents cannot physically harm you or threaten violence to repossess your car.
- Forcibly entering a locked property: They cannot break into a locked garage or storage unit to take your vehicle without your permission or a court order.
- Removing property from a secured location: Repossessing your car from a locked or secured area, like your driveway during the night, can be considered a breach of peace.
- Disregarding your protest: If you clearly object to the repossession and it's not during a public disturbance, the agent must stop.
Protecting Yourself During Repossession
- Know Your Rights: Being familiar with Wisconsin's breach of peace repossession laws empowers you to stand your ground during the process.
- Stay Calm and Collect Evidence: If the repossession seems aggressive, document the event with your phone (if safe to do so) and note details like the date, time, and any threats made.
- Don't Obstruct the Repossession (Safely): While you can object verbally, physically obstructing the repossession (especially if it turns violent) can be dangerous and isn't recommended.
Taking Action After a Breach of Peace Repossession
- Consult with an Attorney: An attorney specializing in consumer rights can advise you on your legal options, which may include filing a lawsuit against the lender or repo company for damages.
Remember:
- Breach of peace repossession is illegal in Wisconsin.
- You have the right to object to the repossession peacefully.
- Documenting the event can be crucial for legal action.
Don't be afraid to fight for your rights! By understanding Wisconsin's breach of peace repossession laws, you can protect yourself from aggressive repossession tactics.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.