mjerue

wrongful repossession

4 posts in this topic

My vehicle was repossessed during a Breach of Peace. When driving my vehicle it became disabled and came to a stop on the side of the road. With in minutes the repo man arrived at my location. He fully hooked up my vehicle with me inside and threaten me to call the police and that I would be arrested if I didn't exit the vehicle.. The police where called by the repo agent. When the police arrived on scene I remained in my vehicle while they talk to the repo agent. Then my car was surrounded and I was removed at gun point by the police and handcuffed. The repo agent had told the police that I had made vague threats to having a gun and might shoot him. I had not made any such remarks to the repo agent. This was false statement by the repo agent to the police. The police search me and my vehicle and did not find any firearm or weapons. The police told me that my vehicle was being lawfully repossessed under my protest and that I would be release once the tow truck had left the scene.

Edited by mjerue
grammar

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On 5/13/2018 at 1:31 AM, mjerue said:

What laws and civil right where violated?

 

None that I can see.  Of course, your post contains no facts that would allow anyone to opine intelligently about whether the vehicle was, in fact, lawfully repossessed.

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 In response; I believe that there was a Breach of Peace once I had resisted the repossession and state had no right to remove me from property. I base my opinion upon these facts,

 

The California Commercial Code provides a right of repossession for secured creditors.  Section 9609 states that “[a]fter default, a secured party may ․ [t]ake possession of the collateral ․ [w]ithout judicial process, if it proceeds without breach of the peace.”  CAL. COM. CODE § 9609(a)(1), (b)(2).   The California Business and Professional Code states that, ith respect to vehicles, “a repossession occurs when the repossessor gains entry to the collateral.”  CAL. BUS. & PROF. CODE § 7507.12. However, police who aid a self-help repossessor may be liable under Section 1983,

not only when there has been an actual “taking” of property by a police officer, but also when the officer assists in effectuating a repossession over the objection of a debtor or so intimidates a debtor as to cause him to refrain from exercising his legal right to resist a repossession.   While mere acquiescence by the police to “stand by in case of trouble” is insufficient to convert a repossession into state action, police intervention and aid in the repossession does constitute state action.

Harris v. City of Roseburg, 664 F.2d 1121, 1127 (9th Cir.1981).

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