A breach of peace occurs when a repossession agent violates the law or public order while attempting to seize a vehicle. This can include the use of force, threats, intimidation, entering a locked or secured area without permission, or continuing the repossession over the clear objection of the owner.
If a repo agent breached the peace while seizing your vehicle, you may have rights under Texas laws, and the experienced wrongful repossession lawyers at D. Miller & Associates can protect them. Our law firm has recovered more than $650 million in settlements and verdicts and successfully handled over 36,000 cases on behalf of clients in Houston and throughout Texas.
Examples of Breach of Peace
In the context of a wrongful repossession, breaches of peace can take many forms. Repo agents cross the line when they:
- Using or threatening physical force: Any act of violence, aggression, or implied threat to compel the owner to surrender the vehicle is strictly prohibited.
- Breaking into a garage or locked area: Entering a closed or secured space, such as a locked garage or fenced-in yard, turns an otherwise lawful repossession into an unlawful one.
- Refusing to stop after the owner objects: If the owner clearly protests or demands that the repossession stop, continuing anyway may constitute a breach of peace.
- Damaging property during repossession: Damaging the vehicle, a home, or surrounding property while attempting to tow or seize the car may invalidate the repossession.
- Impersonating law enforcement or making false claims of authority: It is unlawful for a repo agent to pretend to be a police officer or claim a court has issued an order when no such order exists.
- Create a public disturbance: Loud, disruptive conduct that draws attention, causes conflict, or disturbs neighbors can constitute a breach of peace.
Consult an experienced wrongful repossession lawyer before making any important decisions. We can review your circumstances to determine if your rights were violated.
Proving Breach of Peace
It’s one thing to suspect that a repossession was unlawful, but proving a breach of peace requires strong, well-documented evidence. Your attorney can investigate the incident by interviewing witnesses, reviewing loan documents, and gathering proof of unlawful conduct.
In many cases, evidence may include surveillance or security footage, statements from neighbors or bystanders, photos of property damage, text or email communications related to the repossession, and a carefully reconstructed timeline of events. These details help establish whether the repo agent violated your rights during the seizure of your vehicle.
When you work with D. Miller & Associates, you are gaining a powerful legal ally with the investigative resources and courtroom experience to build a strong case and maximize your potential recovery.
How Lenders Can Be Liable for a Repo Agent’s Misconduct
Many vehicle owners assume that if a repo agent behaves illegally, the blame falls solely on the individual agent or towing company. In Texas, however, lenders are often legally responsible for the misconduct of the agents they hire.
When a lender authorizes a repossession, they are expected to ensure the agents follow the law, avoid breaching the peace, and respect the consumer’s rights. If an agent uses threats, force, enters secured property, or in any other way breaches the peace, the lender can be held liable for those unlawful actions — even if the lender did not directly participate. This “vicarious liability” exists because lenders benefit from the repossession and choose the companies that carry it out.
Holding lenders accountable is often key to recovering damages, since they typically have the financial resources and insurance coverage to compensate victims of wrongful repossession. An experienced wrongful repossession attorney can identify every responsible party and make sure no one escapes liability for violating your rights.
Schedule a Free Consultation
Whether the violation was blatant or more subtle, the attorneys at D. Miller & Associates have the experience to uncover the facts and take action to protect your rights. Contact us to schedule a free consultation with an experienced member of our team.
