What Is a “Breach of the Peace”?

A “breach of the peace” happens when a repossession agent disturbs public order or acts in a way that's threatening, deceptive, or invasive during a repossession.

Even though repossession agents are allowed to recover property, they must do so peacefully. If they use force, intimidation, or unlawful entry, they've likely violated your rights.

Under Wisconsin Statutes § 425.206, creditors and repossession agents cannot breach the peace when taking back collateral — and doing so can make the repossession illegal.

This blog post is intended for general informational purposes only and does not constitute legal advice. To obtain advice about your particular situation, please contact a licensed Wisconsin attorney.

Examples of Breach of the Peace During Repossession

Common examples of breach of the peace include:

• Using or threatening physical force against you or anyone else

• Entering a locked garage, fenced area, or home without permission

• Breaking locks or damaging property to reach the vehicle

• Pretending to be law enforcement or making false statements

• Continuing the repossession after you object or tell them to stop

• Causing a scene or disturbance in your neighborhood

If a repo agent does any of these things, they've likely crossed the line — and you may be entitled to damages.

Your Right to Say “Stop”

Wisconsin law is clear: you can refuse to let the repossession continue if it's happening in a way that disturbs the peace.

Once you object, the repossession agent must stop immediately and cannot proceed without a court order. If they continue, the repossession is unlawful — and the lender could be liable for damages, including return of the vehicle, compensation for losses, and possibly attorney's fees.

What Happens After an Illegal Repossession

If your rights were violated during a repossession, you have legal options. Depending on the circumstances, you may be able to:

• Recover your vehicle

• Recover damages for emotional distress or property damage

• Have the deficiency balance wiped out

• Hold the lender or repo company financially accountable

Even if your payments were behind, you still have the right to be treated lawfully. Lenders and their agents do not get a free pass to harass or intimidate consumers.

Protecting Yourself After a Repossession

If your vehicle has been taken — especially if it happened at night, on private property, or during a confrontation — document everything.

• Write down the date, time, and location of the repossession.

• Note who was involved, what was said, and whether you protested.

• Take photos or videos if it's safe to do so.

• Keep all letters, texts, and voicemails from the lender or repo company.

Then, contact an experienced Wisconsin consumer protection attorney right away. A lawyer can determine whether your rights were violated and help you take action.

Repossession doesn't have to mean the end of the road. If a repossession is in progress, the best step is to stay calm and contact a lawyer immediately. If your vehicle has already been taken, you still have rights—and with the help of a Wisconsin consumer protection lawyer, you may be able to get your car back, reduce what you owe, or hold creditors accountable for breaking the law.

At our firm, we help Wisconsin residents stop repossessions, challenge unlawful creditor actions, and protect their financial futures. Contact us today to learn your options.

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