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Breach of the Peace

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In Thompson v. Exeter Fin. Corp., No. 2021AP219, 2022 Wisc. App. LEXIS 494, at *1-3 (Ct. App. June 8, 2022), the Court of Appeal affirmed summary judgment against a consumer who alleged breach of the peace during the course of an attempted repossession. On June 4, 2017, repossession agents attempted to repossess Thompson's car. Thompson's family members protested and told… Read More

In Steube v. Santander Consumer United States, No. 19-cv-522-wmc, 2020 U.S. Dist. LEXIS 236322 (W.D. Wis. Dec. 16, 2020), Judge Conley granted summary judgment against a debtor who claimed to have protested during a repossession. More to the point, in describing what constitutes a protest for purposes of 11 constituting a "breach of the peace," the Hollibush court explained that… Read More

In Russell v. Santander Consumer United States, No. 19-CV-119, 2020 U.S. Dist. LEXIS 101404 (E.D. Wis. June 9, 2020), the District Court held an automobile finance company responsible for the repossession company’s breach of the peace. The Russells also sue their creditor, Santander, under Wis. Stat. § 425.206(2)(a) and Wis. Stat. §§ 427.104(1)(h) and (1)(j) for the illegal repossession. The… Read More

In Darren Trucking Co. v. Paccar Fin. Corp., No. GJH-18-3936, 2019 U.S. Dist. LEXIS 141666, at *4-6 (D. Md. Aug. 20, 2019), Judge Hazel allowed a breach of the peace claim to proceed against a finance company. Generally, "[t]he debtor's opposition, however slight and even if merely oral, normally makes any entry or seizure a breach of the peace." See… Read More

In Westbrook v. Nasa Fed. Credit Union, No. 3:17-cv-00534-AKK, 2019 U.S. Dist. LEXIS 35420 (N.D. Ala. Mar. 6, 2019), Judge Kallon granted summary judgment to a repossession agency.  First, Judge Kallon adopted the majority view that breach of the peace deprives the taker of the right to possession of the property and not vice versa. T4SR argues that its "present… Read More

The legalese used in the opinion made the decision almost incomprehensible, and would have made Bryan Garner throw a fit.  But, the Supreme Court of the Virgin Islands nevertheless got it right in Cornelius v. Bank of Nova Scotia, 2017 WL 3412202, at *6–8 (V.I., 2017), when it held that an unperfected lender who erroneously filed a termination statement still held… Read More

In Brooks v. Leon’s Quality Adjusters, Inc., 2016 WL 4539967 (E.D. Cal. 2016), Judge Thurston granted summary judgment to a repossession company under the FDCPA and Rosenthal Act. Moreover, courts have determined repossession companies, such as Leon’s Quality Adjusters, are not generally “debt collectors” subject to liability under the FDCPA. See, e.g., Montgomery v. Huntington Bank, 346 F.3d 693, 699… Read More

In Thompson v. Wells Fargo & Co., 2015 WL 5730572, at *3-4 (E.D.N.Y.,2015), Judge Garaufis find an automobile finance company not vicariously liable for a tort committed by the repossession during the course of the repossession. Defendant argues that it cannot be held liable for the alleged damage to Plaintiff's home because “[a]s a matter of law, Wells Fargo is not… Read More

In Vantu v. Echo Recovery, L.L.C., --- F.Supp.3d ----, 2015 WL 571102 (N.D.Ohio 2015), Judge Carr found a repossession loses its exemption under the FDCPA when it violates state law. In any event, the fact that Echo's principal business is not debt collection would not save it from liability under the FDCPA. That is so, because Vantu has plausibly alleged Echo is… Read More

In Thompson-Young v. Wells Fargo Dealer Services, Inc., 2014 IL App (1st) 132479-U, 2014 WL 3726900 (Ill.App. 1 Dist. 2014), the Illinois Court of Appeal found no breach of the peace by the repossession agent for the automobile finance company. This is primarily because, again, even accepting as true all well-pled facts and reasonable inferences from the amended complaint, Wells… Read More

In Fagen v. Carnow Acceptance Co., 2013 WL 6283653 (Wis.App. 2013), the Wisconsin Court of Appeal held: Fagen argued that the court failed to determine at trial whether Carnow Acceptance violated WIS. STAT. § 425.206(2)(a) by committing a breach of the peace. See WIS. STAT. § 425.206(2)(a) and (3). Carnow Acceptance stipulated at the hearing that a breach of peace… Read More

In  Mkhitaryan v. U.S. Bancorp, 2012 WL 6204840 (D.Nev. 2012), Judge Mahan refused to grant a Plaintiff’s summary judgment motion based on the claim that a repossession agent violated the FDCPA and ‘breached the peace’ during the course of a repossession.  As to the FDCPA, Judge Mahan found it inapplicable.   The purpose of the FDCPA includes, among other things,… Read More

In Price Auto Sales, Inc. v. Sanders, 2012 WL 3734388 (Tex.App.-Dallas 2012), the Texas Court of Appeal held that it need not decide whether the completion of a repossession was an affirmative defense to a claim that the secured party repossessed a vehicle in breach of the peace because the Court of Appeal was not convinced that the repossession was… Read More

In Harley-Davidson Credit Corp. v. Turudic, 2012 WL 3314919 (D.Or. 2012), Harley-Davidson financed an airplane (Ed. no, not a typo).  After it repossessed the airplane, it sued on the balance.  The debtor claimed that the HDCC owed it a fiduciary duty to maximize recovery, to assist him the sale of the aircraft, and to otherwise protect his financial interest.  Judge… Read More