Alabama Breach of the Peace Repossessions

Repossessions are a commonly used way for creditors to reclaim their property when borrowers allegedly fail to make payments — also known as defaulting on the agreement. People facing a repossession often experience stress and these situations can be frightening when the repo man shows up. In Alabama, breach of the peace actions while attempting repossession can result in civil and criminal charges against the creditor and all other entities involved.

In Alabama, repossessions are generally governed by the Uniform Commercial Code (UCC). The UCC outlines the rights of creditors and borrowers in secured transactions/repossession situations. Generally speaking, a creditor can take possession of a vehicle if the borrower has defaulted on the lending agreement.

When attempting to repossess a vehicle, the creditor must act in a peaceful manner. There is no easy definition of this. This means that the creditor cannot use or threaten to use force, violence, or criminal activity in order to take possession of the vehicle. If the creditor does so, they may be liable for a breach of the peace violation.

In addition to avoiding any violent behavior, creditors should also be aware that Alabama law prohibits them from entering onto certain private areas without permission in order to repossess a vehicle. If the creditor does so, they may be charged with criminal trespass. This includes locked gates, garages, and other places the general public would not be allowed. This usually does not include open drive ways or cars parked on the street.

Consumers should also be aware that Alabama law prohibits them from using any “trick or device” in order to take possession of a vehicle. This means that creditors cannot use deception or fraud in order to gain access to the vehicle. This can be especially bad if a repo man implies that law enforcement is involved.

If you are facing a repossession, you should contact an experienced attorney who can help protect your rights. Our office can provide advice on how to best handle the situation and help you understand any potential legal consequences of a breach of the peace violation.