Breach of Peace Repossession; What Does It Mean for Me?

Breach of peace repossession – a legal term that describes a situation where a creditor or debt collector has taken possession of consumer property, usually a car, using force or intimidation. A breach of peace repossession in Maryland is illegal and can result in severe penalties.

Car repossession is an unfortunate reality that many people face when they cannot keep up with their loan or lease payments (and sometimes even when they can!). 

Breach of Peace Repossession – Maryland State Laws

Maryland law prohibits breach of peace repossession; this means that a creditor or debt collector cannot use force, threats, or intimidation to take possession of a vehicle. If they do, they violate state law and can be held liable for damages.

Consumers must be on the lookout for certain practices that may indicate unlawful repossession. For instance:

• Using force (such as snatching keys or physically restraining the owner of the vehicle).

• Threatening to use force (including threatening behavior such as brandishing a weapon).

• Entering a consumer’s home without consent (including garages).

• Using the police to help with a repossession unless they have a court order.

• Pretending to be someone else (such as impersonating a police officer or pretending to be a car mechanic).

• Taking the vehicle in the presence of the owner over the owner’s objection. 

Take A Moment to Learn More About Car Repossession Deficiency Defense Strategies

A breach of the peace repossession is against the law and may give the consumer claims against the repossession company and the finance company. However, you may lose some of these protections if you take steps to prevent repossession of the vehicle, such as hiding it deliberately to avoid repossession.

If your life has been turned upside down because of an unlawful repossession, contact our team today. Don’t let banks, finance companies, or auto loan lending agencies ignore the law to get what they want; you have rights.