Can a Tow Truck Repo Your Car on Private Property?

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In the case where your car is about to be repossessed by a repo man or a tow truck company, you may think of placing it on private property. However, you want to find out first whether it is an effective way to prevent them from taking your car. So, can a tow truck repo our car on private property?

a Tow Truck Repo Your Car on Private Property

Definition of Vehicle Repossession

Vehicle repossession refers to a process where a lender takes a vehicle back from a borrower who fails to pay off their debts. This action is usually done by a repossession agent or a tow truck company working on behalf of the lender.

Also Read: Repossession Laws in Idaho

Definition of Private Property

Private property is described as follows:

    • Cambridge Dictionary: “something, especially land or buildings, that belongs to a particular person or company, rather than to a government”
    • Cornell Law School Legal Information Institute: “Private property refers to the ownership of property by private parties – essentially anyone or anything other than the government. Private property may consist of real estate, buildings, objects, intellectual property (copyright, patent, trademark, and trade secrets). The transfer of a private property commonly takes place by the owner’s consent or through a sale or as a gift.”
    • Collins Dictionary: “land or belongings owned by a person or group and kept for their exclusive use”
    • LSD Law: “Private property refers to things that belong to people or businesses, not the government. This can include land, buildings, things like cars or furniture, and ideas that people come up with. When someone owns private property, they can choose to sell it or give it away to someone else. This is different from public property, which belongs to everyone and is managed by the government.”

Is It Possible for a Tow Truck to Repo Your Car on Private Property?

For anyone who is wondering whether or not a tow truck can repo your car on private property, the answer to the question is yes. A tow truck can repo your car on private property. However, it should be remembered that it is practically illegal to do so, especially in locked and secure private areas such as a garage. It is only considered legal if you as the owner of the private property allow them to enter your place and to take your car. In contrast, they can repossess your car if it is parked in the driveway outside home or in a public place. They can even do it even if there is no court order.

Preventing a Repo Man from Entering Your Private Property

If you do not want a repo man to enter your private property, you can do some preventions such as:

1. Lock up your property

There is no way for repo men to take your car in your private property if the place is locked up, unless they use violence such as breaching the peace or breaking and entering. Try to keep your car behind lock and key. You can park your vehicle in a locked garage or behind an enclosed fence. Do not even think of parking it in an open driveway, let alone on a public street.

Repo men may come to you, asking your permission to enter your property and to take your car. In this case, it is fine if you want to say no. However, it is better for you to discuss with your lawyer before making a decision. Keep in mind that even if you can handle the situation and make them go, there is a high chance that they will come again. Aside from that, they may also try to make you careless and wait for the time when you take your car to a public place where they can enter the place without having to get permission from you.

2. File for bankruptcy

Some people may think that filing for bankruptcy is too much for those whose cars are repossessed. However, it may be a good option to solve their financial issues. After filing for bankruptcy, the creditors and lenders will not be able to ask them to repay your debts, hand their assets, and so on as the court has told them to not do it. In this situation, they will be able to make their finances better, pay back some of their debts, and so on.

If you are interested in filing for bankruptcy, there are two options that you can consider. The first one is chapter 7 bankruptcy. If you choose this one, your assets will be liquidated and your outstanding debts will be paid back by using the money that you can from the sale. If you have other debts, you will be able to not pay them after the process of liquidation if the court says so. This kind of bankruptcy is best for those who only have a little amount of assets and for those who are fine losing their assets.

Another option of filing for bankruptcy that you can consider is chapter 13 bankruptcy. This one is recommended for those who do not want to lose their assets and want to avoid repossession because liquidation does not usually play a role in this. By choosing this option, they will be able to discuss with their lawyer to set a payment plan. After making this plan, the other outstanding debts may be discharged by the court.

Bottom Line

In conclusion, a tow truck can repo your car from private property. However, their ability to do so is governed by laws and loan agreement. It is important for you to understand these rules so that you can protect your rights and know what to do in the situation if your vehicle is about to be repossessed. In order to learn more about such a thing and to make a right decision, you are suggested to discuss it with your lawyer.

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