Last updated: July 30, 2026 · Written by John C. Hubbard, Attorney
Wrongful Repossession and Repo Injuries
A repossession can become much more than the loss of a vehicle. Repo agents sometimes ignore a borrower’s objections, damage gates or garages, tow vehicles with people still inside, or create confrontations that result in physical injuries. Other times, the lender had no right to take the vehicle at all, or later sold it without following Texas law. Texas Business & Commerce Code § 9.609 allows self-help repossession only when it happens without breach of the peace, and §§ 9.610 through 9.614 control what the lender must do before selling your car. When those rules are broken, you may have claims for the financial harm, and sometimes for the physical harm too. John C. Hubbard is a consumer protection and personal injury attorney licensed in Texas. He is also admitted to practice before the U.S. District Courts for the Southern and Northern Districts of Texas. Call 832-410-8121.
When is a repossession wrongful in Texas?
A repossession is wrongful when the lender had no right to take the car at all, or had the right but lost the immediate right to possession. The main categories:
- You were not actually in default. Payments were current, a payment was misapplied, or, sometimes, the lender accepted late payments for months and then repossessed without warning that it was reinstating strict deadlines.
- Breach of the peace. The repo agent used force, threats, or intimidation, broke into a locked garage or gate, brought police along to intimidate you, or created a confrontation. While the repo agent may come back after things cool off, it loses the immediate right to take the car.
- Botched sale. The lender failed to send the required pre-sale notices, or sold the car in a commercially unreasonable way.
- Wrong car, wrong borrower. It happens more than you would think, especially with tow-and-title mix-ups. This also applies to used cars where the previous owner had a lien, but it was wiped off due to applicable law.
- Someone was injured. The repossession agent struck or grabbed someone, towed the vehicle with an occupant inside, caused a fall or collision, or otherwise created an unreasonable risk of physical harm.
What counts as a breach of the peace?
Courts around the nation, including Texas, have various ways to define a breach of the peace. Generally, courts describe the inquiry in terms of conduct that causes, or is likely to cause, public turbulence or a loss of public order and tranquility. It is a fact-dependent question, not a checklist. A clear objection is an important warning that the repossession is no longer peaceful. Continuing after the borrower objects, particularly when the agent uses force, threats, intimidation, dangerous towing, or other confrontational conduct, may constitute a breach of the peace. Breaking into a closed garage, cutting a lock or a gate chain, and taking a car with someone inside it are the classic danger zones.
The repo agent’s conduct is generally the lender’s problem. Texas treats the duty to repossess without breaching the peace as nondelegable: a lender cannot automatically escape responsibility by calling the repossession company an independent contractor. See MBank El Paso, N.A. v. Sanchez, 836 S.W.2d 151, 153–54 (Tex. 1992).
A repossession company may also be liable under the limited repossession provision of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692f(6), if it takes or threatens to take property without a present right to possession. Depending on the company’s other collection activities, additional FDCPA provisions may apply.
What if I was injured during the repossession?
A wrongful repossession is not always just a consumer-finance case. Some repossessions turn into physical confrontations that cause real injuries.
You may have additional claims if a repossession agent:
- Struck, shoved, grabbed, or threatened you
- Pulled you from the car
- Drove or towed the vehicle while you or your child was still inside
- Trapped you between the vehicle and the tow truck
- Caused you to fall while attempting to take the vehicle
- Damaged a gate, garage, or other property in a way that injured someone
- Caused a collision while towing or transporting the vehicle
- Used conduct that caused severe emotional trauma
Texas law places the duty to avoid a breach of the peace on the lender, and the lender generally cannot avoid that responsibility merely by hiring an outside repossession company. Depending on what happened, the case may involve wrongful repossession, negligence, assault, false imprisonment, conversion, and other claims.
If you were hurt, seek appropriate medical treatment and preserve photographs, videos, witness information, police reports, medical records, and every communication with the lender and repossession company. John C. Hubbard handles both consumer-protection and personal-injury matters, allowing the firm to evaluate the entire incident rather than treating the financial and physical harm as unrelated problems. If a car wreck caused the missed payments in the first place, see car repossessed after an accident took your income.
What notices does the lender have to send before selling my car?
After repossession, Texas law requires the lender to send you reasonable notification of the sale before it happens. For consumer goods, Tex. Bus. & Com. Code § 9.614 spells out what the notice must say, including a description of the debt and collateral, the method of sale, and your right to an accounting. The sale itself must be commercially reasonable in every aspect under § 9.610: how it was advertised, where it was held, and the price obtained all count.
What can I recover for a wrongful repossession?
Damages under § 9.625, plus whatever other claims the facts support. Section 9.625 makes a secured party liable for damages caused by its failure to comply with Article 9. In qualifying consumer-goods transactions, § 9.625(c)(2) also establishes a statutory minimum recovery calculated using the credit service charge plus 10 percent of the principal amount of the obligation. Additional actual damages may be available when the violation caused financial loss, property damage, physical injury, or other legally compensable harm.
Depending on the facts, recoverable damages may include lost property, vehicle damage, towing and storage expenses, lost income, alternative-transportation costs, damage to credit, medical expenses, physical pain, mental anguish, and other losses caused by the repossession. Which categories apply depends on proof and causation in your case.
When a repossession causes physical injury, the medical and personal-injury damages may be substantially different from the statutory consumer remedies. Both parts of the case should be investigated from the beginning.
The facts often support additional claims: conversion, violations of the Texas Debt Collection Act (Tex. Fin. Code ch. 392), and FDCPA claims against the repo agency. And if the lender inflated or fabricated the deficiency and reported it to the credit bureaus, you may have a Fair Credit Reporting Act case too. See credit report errors after repossession and deficiency balances reported wrong.
Where are these cases filed in Houston?
State-law repossession and injury claims are usually filed in Harris County courts. Cases that include federal FDCPA or FCRA claims can also be filed in Harris County but usually are filed in, or end up in, the U.S. District Court for the Southern District of Texas. Many financing contracts also have a binding arbitration clause. Often, those claims will go to arbitration.
What should I do right now?
- Write down everything that happened, including the date, time, exact words used, physical contact, and who witnessed it
- Save video from phones, doorbell cameras, security systems, businesses, and neighboring homes before it is overwritten — retention periods can be short
- Photograph the vehicle, tow truck, license plates, property damage, bruising, cuts, and other visible injuries
- Seek medical treatment when appropriate and accurately explain how the injury occurred
- Save all letters, texts, emails, account histories, payment records, and sale notices
- Request the return of personal property in writing and document anything missing
- Obtain any police, ambulance, fire-department, or incident reports
- Pull your credit reports at annualcreditreport.com and preserve what the lender is reporting
Then call. Consultations are free, and there is no attorney’s fee unless money is recovered.
Frequently Asked Questions
Can I sue if the repo agent injured me?
Possibly. Depending on the facts, an injury during a repossession may support claims for negligence, assault, or other torts in addition to the wrongful-repossession and statutory claims. Texas law generally holds the lender responsible for conducting a peaceful repossession, so the case may reach beyond the repo company itself.
What if the repo truck towed my car while I was inside?
Towing a vehicle with a person inside is one of the most dangerous things a repossession agent can do, and it may support both consumer and injury claims. Get medical attention if needed, document everything, and preserve any video before it is overwritten.
Is the lender responsible for an assault by the repo agent?
It may be. Texas treats the duty to repossess without breaching the peace as nondelegable, which means the lender generally cannot avoid responsibility just because it hired an outside repossession company. Whether the lender is liable for a particular assault depends on the facts.
What if the repossession caused a car accident?
A collision caused while towing or transporting the vehicle may support negligence claims against the repossession company and, depending on the facts, claims connected to the repossession itself. Treat it like any serious wreck: police report, photographs, witnesses, and medical treatment.
Should I speak to the repo company’s insurance adjuster?
You are generally not required to give a statement to the other side’s insurance adjuster, and it is usually wise to speak with a lawyer first. Adjusters work for the company, and statements given early are often used to minimize the claim later.
Why John C. Hubbard, LLC
John C. Hubbard has been practicing consumer protection law since 2008 and licensed in Texas since 2018, handling both consumer-protection and personal-injury matters. Because the firm handles both, a repossession involving force or injury does not have to be divided between lawyers who see only one part of what happened.
The firm’s prior results include a six-figure wrongful repossession and FDCPA settlement in Dallas County, Texas, and five-figure wrongful repossession and FDCPA settlements in Dallas and Houston. Every case is different, and prior results do not guarantee a similar outcome.
Call 832-410-8121 or use the contact form. Consultations are free, by phone, anywhere in Texas.
This website provides general information and is not legal advice. Viewing the website, submitting a contact form, or speaking with the firm does not create an attorney-client relationship. An attorney-client relationship is created only through a written engagement agreement signed by the client and the firm. Do not send confidential or time-sensitive information until the firm confirms that it represents you. Every matter is different. Past results do not guarantee or predict a similar outcome. Responsible attorney: John C. Hubbard. Principal office: Birmingham, Alabama. John C. Hubbard is licensed in Texas and Alabama.