Breach of the peace

Definition

The line a repossessor may not cross when taking a vehicle without a court order.

Why It Matters

The repossession term tells a buyer that a wrongful recovery is a lawsuit and never says what makes one wrongful. Article 9 of the commercial code gives the answer: a secured party may act through the courts, or without them if it acts without breach of the peace. States may add more: Wisconsin's consumer act makes a merchant mail a notice and wait fifteen days before repossessing a consumer's car without a court, so the customer can demand one, and bars entering the home uninvited. So the lawfulness of the premium counter-cyclical revenue is decided at the curb, by the driver, at night, on somebody's driveway. The damages floor is what makes it expensive. Where the collateral is consumer goods the debtor recovers a statutory minimum without proving any loss at all, and the lender client is sued beside you, which is how a repossession book is lost in one call. Drivers, camera policy and the standing instruction on what ends an attempt are the diligence item.