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Know Your Rights: Protecting Yourself During a Repossession in Wisconsin

Posted by Nathan DeLadurantey | Jul 05, 2024

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.


  • 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. 

About the Author

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.


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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