In the state of Texas your vehicle can be repossessed without notice; but repossession agents cannot "breach the peace" while conducting the repossession. What this means is that under Texas law while the repossessing the vehicle, the repossession agent cannot:
- forcibly remove you from your vehicle
- stop you on the street or highway
- enter a closed garage
- break into your house
- create a disturbance such as a fight or other altercation
- threaten any of the above actions
- pretend to be a law enforcement officer
If any of these actions occur while the repossession agent is conducting the repossession you should immediately report the incident to the police and contact a Dallas- Fort Worth attorney.
Examples of "breach of the peace:"
If a repossession employee comes to your home while you are in your car and drags you out of your vehicle this is considered a breach of the peace.
If the repossession agent comes to your home at 2:00 am, bangs on your door and hurls profanity at you, this is considered a breach of the peace.
If a repossession agent breaks into your gated apartment complex and repossesses your vehicle, this also is considered a breach of the peace.
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