A Step-by-Step Guide to Filing a Breach of Peace Report In Texas
If you miss your monthly car payments, your lender has the right to repossess your vehicle without due notice or court order. However, you can make a if the repo agents break the law.
Texans have rights. The Texas Business and Commerce Code (Section 9.609) governs vehicle repossessions. While the repo agents do not need a court order, they must stay within certain limits and refrain from breaching the peace.
Wrongful Repossession in Texas
Repossessions are legal in Texas. However, some examples of wrongful repossession include:
- Breaking into locked premises or a gated property
- Threatening violence or damaging your property while repossessing the vehicle
- Tricking you and taking your car after you leave
- Repossessing the vehicle after your verbal protests
- Not giving you notice after repo with an explanation on how to reclaim it
- Refusing to return your items in the car
How Do You Get Your Car Back After Repossession?
After repossession in Texas, you can only get your car back if:
- You pay the loan and repossession costs in full.
- Ask the lender to reinstate the loan by paying any pending balances, repossession costs, such as fees for paying the repo agents, towing and storage of your vehicle, and other costs.
- Request the lender to refinance your loan and renegotiate the payment terms
- File for bankruptcy (Chapter 7 or Chapter 13)
What Is Breach of Peace?
Breach of the peace is an offense and occurs when someone engages in unruly behavior in public or private, contrary to the law. If the repo agents break the law, you have the right to sue them for wrongful repo.
The repossession law prohibits a repo agent from committing a breach of peace while repossessing a vehicle. Breaching the peace may include breaking into locked premises or physical violence.
What Happens If I Don’t Pay Repossession?
Once you default on a car loan and the auto lender repos the vehicle, the lender sells the car to recover the amount owed. The proceeds from the auction may not cover your loan balance and the repo agent costs. You owe the lender the difference when this happens, also called "deficiency."
If you don't pay the deficiency, the lender may use legal means to make you pay the deficiency. They'll likely take you to court.
What To Do if the Repo Man Illegally Repossess Your Car
The lender has a right to repossess the vehicle, but you also have rights. When you experience a wrongful repossession, you can:
|Research on Your Rights||Research your rights and see what the Texas law says about defaulting and repossession.
Read the Texas Business and Commerce Code, specifically Section 9.609 that governs car repossessions.
This Section allows repossession by lenders with security interests in your vehicle.
Did you know that under Texas laws, if you miss one payment or make the payment after the grace period elapses, the lender can still repossess the car?
|Find Out If You Owe Money||Talk to your lender. Check how much you owe, and determine if you still owe them any money if they auction the vehicle.|
|Hire an Attorney||Once the lender repossesses your vehicle, you can hire an attorney to follow up on your behalf.|
|Keep the Paperwork||Ensure you keep all the paperwork from the day you took the car, the payments made, and the repossession paperwork.
Take videos and photos of the repossession, if possible, especially if the repo agents threaten you with physical harm.
These papers, videos, and photographs serve as evidence in court during a breach of peace report.
This process is tedious and time-consuming. Hiring an attorney is not always an option, considering it's expensive, and you still have a loan to pay. The best option is to use the DoNotPay app, a legal assistant that helps to solve issues fast and reliably.
Can I Sue for Wrongful Repossession?
You can sue the lender when you have gone through a wrongful repossession. Instead of hiring an expensive attorney, you can use the DoNotPay's Sue Now product. DoNotPay will proceed to lodge a case in a small claims court on your behalf.
How DoNotpay Helps with Your Car Repossession Problem
Lenders often enlist the services of third-parties: repo agents to repossess your vehicle. You cannot directly sue the repo agent if you encounter repo agents who breach the peace during the repossession process. This back and forth is frustrating, especially when you rush against time to prevent your car from the auction hammer. DoNotPay is fast and reliable, saving you both time and money.
How Can DoNotpay Help?
If the repo was not wrongful, you must pay off owed balances to reclaim your car. If you cannot afford to make the payments, DoNotPay can help you request a payment plan or renegotiate the owed balance.
How DoNotPay Can Help with Car Repossessions:
- Search "car repossession" on DoNotPay and select whether your car has been repossessed or is in danger of being repossessed.
- Enter the state you financed this vehicle in, and let DoNotPay walk you through your state's repossession laws to see if your car was or is being wrongfully repossessed.
- If DoNotPay can make a case for wrongful repossession, it 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.
What Else Can DoNotPay Do?
That’s not all you can do with the app. DoNotPay is your go-to assistant for numerous problems, such as:
- Appeal Parking Tickets in Any City
- Sue Anyone in a Small Claims Court
- Fight Workplace Discrimination
- Defamation Demand Letters
- Contact Embassies and Consulates
DoNotPay is a perfect legal assistant. Use DoNotPay to solve all your pressing problems. Try it today.