Page 143 - CARS Standard Program

Examples of how Breach of the Peace is reflected in various violations of the self-help repossession process
I was retained in the following case to provide consultation and expert opinion as to violations of law committed by the repossession agent and his wife. The debtor suffered extensive external and internal injuries. The violations cited in the opinion were:
1. Breach of the Peace, wrongful repossession by defendants using the services of an unlicensed juvenile to assist in self-help repossession.
2. Breach of the Peace, wrongful repossession by defendants refusing to leave plaintiff’s private property when ordered to do so by plaintiff
3. Breach of the Peace, wrongful repossession by defendants using the power of the state (“Color of Law”) to take possession of the collateral by requesting a police officer come to the scene and assist in the repossession.
4. Breach of the Peace, wrongful repossession by defendants taking possession of the collateral in violation of Section 1692f (6) (a) of the Fair Debt Collection Practices Act (FDCPA).
5. Breach of the Peace, wrongful repossession by defendants sending an unlicensed juvenile onto the private property of another at approximately 1:30 a.m. to assist in a self-help repossession in violation of Section 1692f of the FDCPA, thus creating the potential for violence against an unlicensed juvenile.
The sworn depositions clearly showed these violations occurred. The case was settled before trial, and the creditor was held accountable for failing to hire certified professionals to perform the self- help repossession.
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