A repo man is an individual hired by lenders or financial institutions to recover property such as vehicles when the borrower fails to make payments according to the loan agreement. They are responsible for locating and repossessing the property on behalf of the creditor.
However, while repossessing a car unbehalf of your creditor, can a repo man open your garage?
No, a repo man cannot open your garage except if the garage door is open, if he has your permission/consent, or if he has obtained a court order or legal authorization granting him the right to repossess the car from inside your garage, then, he can enter your garage.
Can a Repo Man Open Your Garage?
It is illegal for a repo man to enter your private garage to repossess your car because private property rights and laws regarding trespassing prevent him from entering a locked or enclosed area such as a private garage without consent.
Private property rights and laws established the boundaries of what actions can be taken on private property without the owner’s consent.
For example, as a property owner, you have the right to control access to your property, including your home and any enclosed areas such as garages.
Meaning that, a repo man cannot enter your private property such as your garage without your permission unless they have legal authorization, such as a court order.
Trespassing laws on the other hand prohibit repo men from entering onto another person’s property without permission.
So, repo men knows these laws and follow them with caution to avoid trespassing onto your private property to repossess your car without authorization from you or the court.
However, there are exceptions to this law. There might be a time when a repo man can confidently enter your garage to repossess your car without breaking the law especially if the garage is open or the vehicle is visible from outside, he may be able to legally repossess it.
When Can a Repo Man Open Your Garage?
Here’s when a repo man can open your garage to repossess your car:
1. When the Garage Door is Open
A repo man may be able to legally repossess your car from your garage without your consent or court order if the garage door is not locked.
If your garage is open and the vehicle is visible from outside, a repo man may be able to repossess it without entering the garage.
All he has to do is to hook his towing vehicle to the car inside your garage to repossess it. And yes, he can do this without entering into the garage. This is possible because the car is in plain view.
Since the vehicle is in plain view and accessible without entering a closed or locked space, the repo man could legally take it without trespassing.
However, if the vehicle is not visible from the outside and the garage is closed or locked, he cannot enter the garage without your permission or legal authorization.
2. When You Give Him Your Consent
Another scenario a repo can legally enter your garage to repossess your car is when you give him the consent to do so. Then he can enter without breaking the private property rights and laws regarding trespassing.
By consent, I mean, voluntarily agreeing to allow the repo man access to your property (garage) for the purpose of repossessing the car. It is something you give willingly, relinquishing your rights to him to access your garage which is your private property.
However, its important to note that once you give out your consent to the repo man, he will proceed with the repossession, and you cannot retract your consent especially when the repossession process has started.
Therefore, if you choose to grant the repo man your consent to enter your garage, make sure you understand the implications and consequences of your decision.
3. When the Repo Man Obtains Court Order or Legal Authorization
A repo man can enter your garage to repossess your car if he has obtained a court order or legal authorization granting him the right to do so.
A repo man cannot just get a court order to come to take your car parked in your garage. Rather, it is something that occurs when you must have parked the car in the garage for so long, preventing the repo man from accessing the vehicle for repossession. A court order can be given to enable him to take the car away without being labeled trespassing.
However, before a court order can be given, your lender has to take legal action against you for defaulting on loan payments. This is when the court will issue an order allowing the repossession to take place.
Once the order is given, the repo man would be acting within the bounds of the law and would have the legal authority to enter your garage and repossess the vehicle specified in the court order.
Therefore, if your car is up for repossession and a repo man comes to repossess it with a court order, it’s important you comply with court orders and legal directives, as failure to do so can result in further legal consequences such as being held in contempt of the court, which is a criminal offense and may land you in jail.
If you have concerns about the legitimacy of a repossession attempt, you’re free to get a lawyer and seek legal advise. They can tell you what you need to know and do based on your situation.
These are ways by which a repo man can legally open your garage to repossess a car. If he opens the garage contrary to any of the explained reasons, then it is called breaking and entering which is against the law.
Its even worse if the garage door is locked because he cannot break the lock on the door to enter and repossess the car as doing so would likely constitute trespassing and property damage, which are illegal actions.
Even if the garage door is locked, the repo man must obtain your permission to enter the garage, such as through your consent as the property owner or through legal authorization such as a court order.
If he went ahead to break the lock without proper authorization, it would result in legal consequences for the repo man, his repossession company, and the creditor they represent. He can’t even go in your backyard if its blocked or locked
What to Do If a Repo Man Opens Your Garage Without Authorization?
Here’s what to do if a repo man opens your garage without proper authorization:
- Record and Document the Incident: You need to start by making a video recording of the incident where you keep saying that you never gave the repo man consent to open your garage door which is your private property and he did.
- Ask the Repo Man to Provide the Authorization He Has Open Your Garage: Ask the repo man what authorized him to open your garage without your permission. He should be able to provide a court order or other legal authorization. If he fails to provide proper documentation, tell him that he does not have your permission to repossess the vehicle and ask him to leave your property immediately. Ensure you keep all these in the video recording.
- Call The Police: If the repo man refuses to leave or if you believe they are acting unlawfully, call the police immediately. Don’t try fighting or struggling with the repo man to avoid constituting a nuisance that could affect public safety. Rather, the police can intervene, assess the situation, and ensure that your rights are protected.
- Get Legal Advise: If the police could not stop the repossession even after opening your garage door without your permission and any form of authorization, you can seek legal advise from a lawyer who specializes in property law or consumer rights. He/she will be able to advise you on your legal rights and options for recourse.
- You Can File a Complaint: If you believe the repo man or the creditor he represents has acted unlawfully, you can file complaints with relevant authorities or regulatory agencies.
Conclusion
A repo man cannot legally open your garage door to repossess a vehicle without your permission unless they have authorization from the court or legal authorities to do so.
However, if the garage door is open and the vehicle is visible to the plain sight, he can quickly hook his towing van to the car inside your garage and repossess it without entering the garage.
