You can sue a repo man that wrongfully repossesses your car

I’ve talked to a couple people lately who have told me about some really awful behavior by repossession agents. One person was run off the road by two repo agents working in tandem. Another was forced up against a wall and told that she was going to jail if she didn’t turn her car over. A third was physically dragged out of her car by the repo agent.  Needless to say, all of these people were terrified by their experiences. All three of them called the police  and all of them were told that the police would not get involved.

Fortunately for these people, they do have a recourse. The conduct described above is a violation of a number of laws. First, it is a wrongful repossession, at least in Minnesota. In Minnesota, repo agents are allowed to seize your vehicle without a court order, provided they do not “breach the peace”. Clearly, running someone off the road, slamming someone against a wall and threatening to put them in jail, and dragging someone out of their car all result in a breach of the peace. Thus, there is no longer a present right to possession of your car if the repo agent breaches the peace. If he seizes it anyway, he wrongfully repossesed your vehicle. The repo man may also be liable for conversion, which is essentially civil theft. Depending on the circumstances, you may also have a claim for assault, battery, or false imprisonment. And in some federal jurisdications, a wrongful repossession can also be a violation of the Fair Debt Collection Practices Act (FDCPA). In Minnesota, unfortuntely, federal courts have held that a wrongful repossession may not be a violation of the FDCPA.

You can sue a repo agent that has wrongfully repossessed your vehicle and receive money damages. If you live in Minnesota and have had a bad experience with a repo agent, feel free to contact me for a free case evaluation.

(photo: srqpix’s)