Texas Wrongful Repossession Attorney

What Is Wrongful Repossession?

Wrongful repossession occurs when a lender or repossession company takes a vehicle in violation of the law or the loan agreement. These cases are often more complex than people realize, and many vehicle owners are unaware that their rights may have been violated.

Wrongful repossession can include situations such as:

• Repossessing a vehicle when you were not actually in default
• Accelerating the full loan balance improperly after a single missed payment
• Refusing to accept a timely payment that would have brought the loan current
• Damaging your vehicle or other personal property during the repossession
• Failing to provide the required notices after the repossession
• Breaching the peace while taking the vehicle

For example, some loan contracts include specific language about how and when a lender can accelerate the balance of the loan after a missed payment. If the lender does not follow that language properly, you may still be considered in good standing, even if you were late. These technical details can make a significant difference in whether a repossession was lawful.

At JJ Law, we know how to analyze these contracts and the circumstances surrounding the repossession to determine whether your rights were violated.

What Does “Breaching the Peace” Mean During a Repossession?

One of the most important limits on repossession in Texas is the rule against “breaching the peace.” Even if you missed a payment, a repossession company cannot create a disturbance or use force to take your vehicle.

Breaching the peace during a vehicle repossession may include:

• Continuing the repossession after you clearly object
• Attempting to repossess the vehicle while someone is inside it
• Using threats, intimidation, or physical force
• Breaking into a locked or closed garage without permission
• Causing a confrontation that escalates into a disturbance or assault

For example, if you tell the repossession agent to stop and they proceed anyway, that could constitute a breach of the peace. If they open a locked gate or enter a closed garage without authorization, that may also violate the law. The same may be true if they threaten you or use aggressive tactics to intimidate you into surrendering your vehicle.

We know what evidence to look for in these cases, such as surveillance footage, witness statements, photographs of property damage, police reports, and the repossession company’s own records. By preparing every case as if it will go to trial, we can’t be caught unready for whatever occurs in your case.

What Remedies Might Be Available in a Wrongful Repossession Case?

If a repossession was wrongful, you may be able to use legal action to find a solution to the problem.

Potential outcomes of a successful wrongful repossession claim may include:

• Return of the repossessed vehicle
• Recovery of financial losses related to the repossession
• Compensation for damage to your vehicle or other property
• Statutory damages under applicable consumer protection laws
• Cancellation or adjustment of certain loan deficiencies
• Recovery of attorney’s fees and court costs in qualifying cases

Every wrongful repossession case is different, which is why we take the time to review your documents, your payment history, and exactly what happened during the repossession. We can’t guarantee the outcome of a case or what legal remedies might be available in your case, but we can say that we’ll always be ready to use the extent of our legal knowledge, experience, and resources to fight for a fair outcome on your behalf, even when that means going to court.

FAQs About Wrongful Repossession in Texas

Can the repo company bring the police during a repo?

Yes, repossession agents sometimes request that law enforcement be present. However, the role of the police is generally limited to keeping the peace, not assisting in the repossession. Officers are not there to help the repo company take your vehicle by force. If the situation escalates or your objections are ignored, the presence of law enforcement does not automatically make the repossession lawful.

If the repo company left when I objected, will they come back later to repo my vehicle?

Possibly. If you object and the repossession agent leaves to avoid breaching the peace, they may attempt to repossess the vehicle at a later time when it can be done without confrontation. Whether that later repossession is lawful will depend on the circumstances and whether you are actually in default under the loan agreement.

How do I know if I have a wrongful repossession case?

If something about the repossession felt aggressive, improper, or inconsistent with your loan terms, it is worth it to at least have your case reviewed by our team. Bring your loan documents, payment records, and any communications from the lender to your initial consultation. We can analyze whether you were truly in default and whether the repossession company followed Texas law based on your description of the repo event.

Can a repo agent really enter my property to take my vehicle?

In some situations, a repossession agent may enter open areas of your property, such as a driveway, to repossess a vehicle. However, they generally cannot break into locked areas, such as a closed garage, or damage gates and fences to gain access. Doing so may constitute a breach of the peace and render the repossession wrongful.

Call Today to Discuss Your Texas Wrongful Repossession Case

When your vehicle is taken through repossession, it can affect your ability to work, care for your family, and handle daily responsibilities. You deserve clear answers about what happened and whether your rights were violated. 

At JJ Law, our Texas wrongful repossession attorneys have earned a reputation statewide for handling wrongful repossession cases with skill, preparation, and determination. 

We understand how lenders operate, and we are not afraid to challenge them when they overstep. With more than 30 years of combined experience, we are prepared to stand with you.

Call us at (888) 495-3339 today for a free, confidential consultation about your wrongful vehicle repossession case.