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As a consumer rights lawyer I get a lot of questions about repossessions there's a lot of struggling working folks around here who you know sometimes they give a hand on the bills and that leads their creditors to go and repossess their cars now most repossessions are perfectly legal they take place you know after a legitimate default you know maybe the dark of night out of a driveway or an apartment complex parking lot or the parking lot of someone who you work for and that's usually fine, but a lot of repossessions are not legal a lot of them are done in a way that you just not allowed to do and there is something you can do about it now one of the problems with repos is that the nature of the business tends to attract a lot of folks who are uneducated and aggressive and may be prone to you know get into conflicts now there's plenty of repo men who are honest and good folks they just want to do a good job and be professional, but there's a lot of work okays and that's what I want to talk about today with someone repos your car if they do it wrongfully what can you do about it so under Alabama law a secured creditor when your default is allowed to take possession of the collateral without having to go to court or tell you they're going to come to do it or anything like that and the only condition is they have to do so without breaching the peace okay now what does that mean well a breach of the peace is legally deemed to be any conduct which is either illegal or likely to cause violence or any kind of public disturbance what does that mean in practice well for one thing they can't touch you if you're standing in front of the vehicle they can't push you aside to get in the car if you're in the vehicle they can't pull you out okay they can't hook the car up to a tow truck while you're in it and pull you around it okay they can't trespass on the property of somebody else who has no idea that the vehicle has a lien on okay especially if there's no no trespassing signs or fits then they can't break through a fence they can't cut a lock gate or anything like that all those things are illegal all right they also are not allowed to be intentionally tricky or deceptive for instances they pretend to be police officers okay they're not allowed to do that they're not allowed to lock you in the car for instance if you're in the car, and they pull up next to you and surround your vehicle so that you can't drive anywhere get out they can't do that that's also a thing called false imprisonment okay, so those are the things the most common breaches of the peace and if a repo man commits a breaching the peace during a repossession they can be held liable and also the creditor can be held liable the finance company or the car deal if it's simply not to get you they can also be held liable in court for any damage they've caused you or a person whose property they've unlawfully trespassed on in addition to that they can also be forced to pay what we call the...
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