Can the Police be Involved in a Repossession?
The police (generally) should never be involved in a repossession. Our office regularly handles cases where the police have been involved in a repossession. The use of the police is almost always improper in a repossession; and a violation of Wisconsin's consume protection laws.
The use of the police in a repossession can give rise to a claim for a "breach of peace" lawsuit, and result in a damages being awarded to the wronged consumer. Just because law enforcement required you to surrender your vehicle, does not mean the repossession was lawful.
Involvement of Police - and Breach of Peace
Our office regularly handles cases where the police have been involved; including when consumers have been handcuffed as part of the repossession process. Some repossession agents involve the police in an effort to "intimidate" the consumer into giving up the car, or ceasing their protest. State and federal laws prevent repossession companies from improperly involving (or threatening to involve) the police in a repossession.
The Police are with the Repo Agent - what do I do?
If the police are at your house with the repossession agent, do not panic. Calmly state your objection to the repossession, document that objection (if you have a cell phone video camera, this is a great way to document the objection), and take down the names and badge numbers of the officers present.
There is no need to scream, get arrested, or otherwise cause a disturbance. Calmly and clearly object to the repossession to enforce your rights. Call our office immediately to schedule a free consultation to discuss your case and protect your rights.