How to File a Breach of Peace Claim Against a Tow Truck

Car Repossession Issues How to File a Breach of Peace Claim Against a Tow Truck

How to File a Breach of Peace Claim Against a Tow Truck

If you want to figure out how to deal with a breach of peace claim against a tow truck operator that seized your vehicle, then the following are things to keep in mind. In the end, you will also learn how DoNotPay can be one of the most essential resources to keep in your pocket to handle all breaches of peace matters efficiently.

What Is a Breach of Peace?

In strictly legal terms, a breach of the peace can be determined as any offense committed in the conduction of professional duties to the point of causing a criminally excessive violation of public order; contextually, it can even apply to an offense against your rights. Depending on the nature of the offense that occurred, a breach of the peace can technically be applied even to circumstances in which something is being conducted under normal legal pretenses: in this case, towing a vehicle.

No matter what the circumstances may be that constitute grounds for having a vehicle repossessed or towed, there are certain regulations in place that prohibit the tow truck operator from committing a breach of peace in the process of acquiring the vehicle in question. If a violation of the peace has occurred, then you have the right to engage in counteraction to receive justice for the excess of measures taken by the party in question.

What Types of Conduct Could Constitute the Breach of Peace During a Towing?

Simply making too much noise during a towing procedure may not necessarily constitute a breach of peace. However, it is very much possible for repo men to cross the line and give you grounds to pursue legal action. One of the ways that a breach of the peace can be committed is if the person who is conducting the tow uses any type of physical force that is intended for intimidation or coercion. Another way that a tow may constitute a breach of peace might be if there is any use of force to break into your property.

A breach of the peace when attempting to repossess a vehicle can include the following actions by the creditor to repossess the vehicle and here’s what you need to do:

SituationWhat to Do
Threatening to send the debtor to prisonA repo agent may claim you're breaking the law by trying to stop the repossession, and even threaten to have you arrested or sent to prison; but as long as you're not hurting anyone, these are empty threats. This is a civil matter, not a criminal one. You won't go to prison for missing your car payments or for trying peacefully to stop the repossession.
Breaking into the home of the debtorIf you need to protect your car from repossession, close it up in a garage or put it behind a locked fence. This is only a short-term solution, but it gives you time to call a KC bankruptcy lawyer and stop the repossession from going through.
Repossess the collateral despite the consumer's objectionsIf the borrower becomes aware of the repo man's intrusion and objects to the repo man being on their property, the repo man must leave or they're trespassing.
Entering into a closed garageProtecting borrowers' garage as the law protects the rest of their home makes sense because homeowners expect that their right of privacy and seclusion extends to all of their homes and unlawful entry into their garage also creates a risk of retaliatory violence.
Threatening the use of physical force or violenceIf a repo man threatens you physically or wields any sort of weapon when approaching you, report it to the police as soon as possible.
Forcing the debtor out of his vehicleIn general, repo agents are not supposed to touch you or use force on you, unless in self-defense.

Can I Sue for A Breach of Peace by a Tow Person?

Provided that you can provide evidence of the fact that the breach of the peace occurred, then you are permitted to pursue legal action for any sort of inappropriate conduct by a tow truck operator. The success that you can expect in pursuing a lawsuit will be determined by the following factors:

  1. The promptness with which you can submit your report
  2. The accuracy with which you can report all the logistics involved in the situation, from the place to the time and date
  3. The extent to which you can both emphasize and validate the action that constitutes a breach of action during the repossession process

How Can DoNotPay Help With Car Repossessions?

DoNotPay can help you file a demand letter for wrongful possession using your state laws and help you reclaim your vehicle. If the repo was valid, you will have to pay off any balance you owe to reclaim your vehicle. If you can't afford the payments, DoNotPay can help you ask for a payment plan or negotiate the balance you owe.

  1. Search "car repossession" on DoNotPay and select whether your car has been repossessed or is in danger of being repossessed.

     

  2. Enter the state you financed this vehicle in, and let us walk you through your state's repossession laws to see if your car was or is being wrongfully repossessed.

     

  3. If we can make a case for wrongful repossession, DoNotPay will file a demand letter on your behalf to the lender to fight against.

     

And that's it! DoNotPay will make sure your issue gets sent to the right place. We'll upload confirmation documents to your task for you to view, and if the contacts need more information, they will reach out to you personally via email or mail.

It can also include that readers can escalate the issue if they haven't received a response by using the Sue Now product.

Why Use DoNotPay to Approach a Breach of Peace Committed by Tow Truck

There are several strong reasons why you would want to DoNotPay's service to help with facing car repossession, and they boil down to the following three:

  • DoNotPay has incredibly fast service.
  • DoNotPay is a service that takes the difficulty out of trial and error.
  • DoNotPay is a process that can maximize the chances of success without compromising any sort of efficiency or attention to detail in the process.

What Else Can DoNotPay Do?

DoNotPay is not only valuable for making sure that you can have any breach of peace case conducted as smoothly as possible in your favor, but the product is also designed to help you win cases in many industries and sectors. From closing stubborn accounts to settling divorce agreements easily, you can rely on DoNotPay for virtually anything.

Let's look at additional things DoNotPay can help you accomplish:

If you're prepared to move forward with one of the strongest resources that you can use for combating breaches of peace made by tow trucks or any other vehicle repo personnel, then you may register for your DoNotPay account here.

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