The threat of vehicle repossession can be a stressful experience in Wisconsin. However, state laws safeguard consumers from overly aggressive tactics by lenders and repo companies. This blog post dives into the key aspects of repossession laws in Wisconsin, empowering you to understand your rights and navigate the process effectively.

Can They Take My Car? Understanding When Repossession is Legal

In Wisconsin, lenders can repossess your vehicle if you default on your loan agreement, typically meaning you miss multiple scheduled payments. However, specific rules govern how they can repossess the car:

• No Breach of the Peace: Repossession must occur peacefully. The repossession agent cannot use force, threats, or break into a locked garage or secured storage unit to seize your vehicle. This protects your privacy and prevents violent situations.
• Respecting Private Property: Repossessing your car from a public street, unfenced driveway, or parking lot is generally allowed. However, they cannot enter your private property (like a fenced yard) without your permission or a court order.

What You Can Do During a Repossession

• Calmly Object to Repossession: If you witness a repossession attempt, you can calmly and clearly object. State that you are aware of your rights and believe the repossession is a breach of the peace, especially if it's occurring in a secured location.
• Document the Event: If it's safe to do so, record the event with your phone (audio or video) to document details like the date, time, location, and any aggressive behavior by the agent.

What You Should Not Do

• Become Violent or Threatening: This can escalate the situation and put yourself at risk.
• Hand Over Your Keys: You are not obligated to surrender your keys to the repossession agent.

What Happens After Repossession?

• Right to Redeem: Wisconsin law grants you the right to redeem your vehicle within a certain timeframe (typically 30 days) by paying the outstanding loan balance and any associated fees.
• Selling the Vehicle: If you don't redeem the car, the lender will likely sell it at auction to recover their losses. You might be responsible for any remaining debt after the sale.

Protecting Yourself from Repossession

• Prioritize Loan Payments: The best way to avoid repossession is to maintain consistent payments on your car loan.
• Communicate with Your Lender: If you're facing financial hardship, contact your lender as soon as possible. They might offer options like loan modification or deferment to help you catch up.
• Know Your Rights: Familiarize yourself with Wisconsin's repossession laws, especially regarding breach of the peace tactics.

Taking Action After a Wrongful Repossession

• Contact the Police: If you believe the repossession agent used excessive force or violated the law, file a police report.
• Consult with an Attorney: An attorney specializing in consumer rights can advise you on legal options, such as suing the lender or repo company for damages or wrongful repossession.

Key Takeaways

• Repossession in Wisconsin must follow specific guidelines to avoid a breach of the peace.
• You have the right to calmly object to a repossession and document the event.
• Consider seeking legal guidance if you believe your car was wrongfully repossessed.

By understanding Wisconsin's repossession laws and your rights, you can navigate this challenging situation and potentially protect your vehicle or explore ways to resolve the debt. Remember, communication with your lender and staying informed are your best lines of defense.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.