Living in Wisconsin and behind on a car loan? Repossession can be a scary situation. But what if the repo company takes things too far? Wisconsin has strong consumer protections against "breach of peace repossession." Here's what you need to know:
What is Breach of Peace Repossession?
In Wisconsin, a repossession becomes a breach of the peace if the lender or repo agent uses aggressive tactics to take your car. This includes:
- Force or Threats: They cannot physically force you or threaten violence to take the vehicle.
- Entering Locked Areas: They can't break into a locked garage or storage unit to seize the car.
- Ignoring Your Protest: This is key in Wisconsin. If you clearly tell the repo agent to stop taking the car, they must halt the repossession. You don't need to yell or argue, just a firm "no" will do.
Why Does This Matter?
Breach of peace repossession is illegal in Wisconsin. If it happens to you, you may have legal recourse. Here are some options:
- Get Your Car Back: A lawyer can help you challenge the repossession and potentially get your car returned.
- Sue for Damages: You may be able to sue the lender or repo company for emotional distress or property damage caused by the repossession.
Important Reminders:
- Stay Calm: Even if the repo agent is aggressive, avoid escalating the situation.
- Document Everything: If a breach of peace occurs, note down the date, time, location, and details of the incident. Take pictures or videos if possible.
- Seek Legal Help: A lawyer specializing in consumer law can advise you on your rights and potential legal actions.
Remember: Knowledge is power. By understanding your rights regarding breach of peace repossession, you can protect yourself from unfair practices and potentially recover your vehicle. Don't hesitate to seek legal help if you believe a repossession agent crossed the line.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
