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A. There is no present right to take possession of the property
claimed as collateral through
an enforceable security interest. This is primarily the Section being used in Wrongful
Repossession lawsuits and we will concentrate on this Section.
B. There is no present intention to take possession of the property.
Example: A creditor sends the recovery agent an assignment with instructions that they
do not actually want the collateral repossessed but rather to threaten repossession in an
effort to convince the debtor to make a payment.
C. The property is exempt by law from dispossession or disablement. Example: There is a
federal or state lien against the property.

In order to understand how “Security Enforcers” (Recovery Agents) can be subject to, and in
violation of the other Sections of the FDCPA it is critical to know that VIRTUALLY ANY
VIOLATION COMMITTED IN THE PROCESS OF SELF-HELP REPOSSESSION
IS CONSIDERED A “BREACH OF THE PEACE” BY THE COURTS, SO IF YOU
BREACH THE PEACE, UNDER SECTION 1692 F (6) (A) YOU HAVE LOST THE
RIGHT TO COMPLETE THE REPOSSESSION AT THAT TIME AND YOU MUST
ABANDON THE REPOSSESSION ATTEMPT. It is also important to know that
Courts may rely on previous cases (Case Law) in making their decisions. Following are
the general definitions of Breach of the Peace and Case Law:

Breach of the Peace
First, these is no specific definition of Breach of the Peace in either state or federal law or
the Uniform Commercial Code (UCC). This allows both state and federal courts to define
what they consider a Breach of the Peace to be. A general example of Breach of the Peace;
“whoever commits such acts that are of a nature to corrupt the public morals, or
outrage the sense of public decency, or affect the peace and quiet of persons who may
witness them, or engages in brawling or fighting, or engages in such conduct as to
constitute a Breach of the Peace or Disorderly Conduct.”

Case Law
Case Law, in layman’s terms is established from a collection of litigated cases that form a
specific body of law that addresses similar situations that Courts have ruled on in the past.
Since we are addressing self-help repossession activity and how Courts have ruled on related
(similar) litigation, our interest is in Case Law as it applies to the self-help repossession
process. It is important to note that Courts may, and frequently do, look outside their
jurisdictions for prevailing Case Law to assist them in rendering decisions. In virtually all
prevailing Case Law regarding self-help repossession, the Courts cite Breaches of the Peace
as the primary basis for their decisions.

In the following Sections of the FDCPA we have explained how a violation of these
Sections could lead to a Breach of the Peace and therefore could lead to a lawsuit under
Section 1692 f 6 (a), and we have also provided applicable Predominate Repossession
Case Law:

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