Facing a potential repossession of your vehicle in Wisconsin can be a frightening experience. However, Wisconsin law protects consumers from overly aggressive tactics. Here's what you need to know about your protest rights during a repossession:
Understanding Breach of the Peace Repossession
A repossession is considered a breach of the peace if the lender or their agent repossesses your vehicle after you have protested. 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 the peace.
- Disregarding your clear protest: If you clearly object to the repossession, the agent must stop.
What You Can Do During a Repossession
- Calmly Assert Your Rights: While you can't physically stop the repossession, you can calmly and clearly object to it. State that you are aware of your rights and believe the repossession is a breach of the peace.
- Document the Event: If it's safe to do so, record the event with your phone (video or audio) to document details like the date, time, and any aggressive behavior by the agent.
- Do Not Obstruct (Safely): While you can verbally object, physically obstructing the repossession (especially if it turns violent) can be dangerous and isn't recommended.
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.
Taking Action After a 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 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 calmly object to the repossession.
- Documenting the event can be crucial for legal action.
- Seek legal guidance to understand your options for challenging a wrongful repossession.
By knowing your rights and acting calmly but assertively, you can protect yourself during a repossession in Wisconsin.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.