Shel W. answered • 03/25/24
Law School & LSAT | J.D. '24
Short answer: no. Even if the door is unlocked, a repo man entering your garage to extract a vehicle "breaches the peace" of your property rights.
While the repossession company does have the right to technically trespass on your property, it is unlawful to enter a closed building or structure in an attempt to recover the item to be repossessed. If for example, a car is in the driveway, the tow operator may come onto the property to effect the hookup---and even move other vehicles if necessary to get that the vehicle to be repossessed. Locking it in a garage is the best protection available.
Alaska law provides that: "The lender had a legal right to repossess the (item of property) if:
(1) existence of a contract of sale or security agreement,
(2) breach of the contract of sale or security agreement) ***(i.e. missing car payment) [and]
[(3) the defendant acted reasonably in taking back the (item of property) and did so without causing a breach of the peace.]"
A loan company or its agent can repossess your car at any time, as long as they do not breach the peace. That means that the loan company can do almost anything short of breaking and entering or threatening you with force to repossess your car. Repossession usually occurs in the middle of the night because it prevents a breach of the peace and ensures that your car will be at your home.
The best way to protect yourself is PREVENTION. If you are in danger of having your car repossessed, it is a good idea to remove all of your belongings each time you exit the car. It is also important to NEVER leave important papers in your car, such as receipts or the title to your car.
I hope this answers your question! This is not legal advice and simply my opinion of the law as I understand it.
