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Understanding Repossession Rights and Breach of Peace in Wisconsin: Your Legal Guide

Posted by Nathan DeLadurantey | Mar 15, 2024

Facing the repossession of your property can be a stressful and overwhelming experience, especially if you're uncertain about your rights under Wisconsin law. Understanding repossession rights and the concept of breach of peace is crucial for protecting yourself from unfair or unlawful actions by creditors or repossession agents. In this blog post, we'll delve into the intricacies of repossession laws in Wisconsin, including what constitutes a breach of peace and how individuals can assert their rights in such situations.

Repossession Rights in Wisconsin: In Wisconsin, creditors have the legal right to repossess property that serves as collateral for a loan or debt default. Common examples of repossessible property include vehicles, appliances, electronics, and other valuable assets. However, creditors must adhere to strict legal procedures outlined in state law when repossessing property, and failure to do so can result in legal consequences.

Breach of Peace: One critical concept in repossession law is the prohibition against a breach of peace during the repossession process. A breach of peace occurs when a creditor or repossession agent engages in aggressive or unlawful behavior that disrupts the peace or safety of the debtor or others. This can include:

  1. Trespassing onto private property without permission.
  2. Using physical force or threats of violence to gain access to the property.
  3. Removing property from a debtor's possession against their will or without a court order.
  4. Engaging in harassment, intimidation, or verbal abuse towards the debtor or others present.
  5. Continuing with the repossession after you tell them to stop
  6. Threatening to call the police, or actually calling the police 

Breach of peace is strictly prohibited under Wisconsin law, and creditors or repossession agents found to have engaged in such conduct may face legal repercussions, including civil liability and potential criminal charges.

Asserting Your Rights: If you believe your rights have been violated during the repossession process, it's essential to take prompt action to assert your rights and seek recourse. Here are steps you can take to protect yourself:

  1. Stay Calm and Document the Situation: If you encounter a repossession agent attempting to repossess your property, remain calm and avoid escalating the situation. Document any instances of aggressive or unlawful behavior, including taking photographs or videos if possible.

  2. Assert Your Rights: Inform the repossession agent that they are not authorized to repossess the property and demand that they leave immediately. Assert your right to peaceful possession of the property until the matter is resolved through legal channels.

  3. Seek Legal Advice: Consult with a knowledgeable attorney who can advise you on your rights and options for recourse. An attorney can help you navigate the legal process, file complaints, and pursue legal action against creditors or repossession agents who have violated your rights.

Conclusion: Understanding repossession rights and breach of peace is essential for protecting yourself from unfair or unlawful actions by creditors or repossession agents in Wisconsin. By knowing your rights, asserting yourself calmly and confidently, and seeking legal advice when needed, you can safeguard your property and assert your rights in repossession proceedings. Remember, you are entitled to peaceful possession of your property, and creditors must adhere to legal procedures to repossess property lawfully.

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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