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What is breach of the peace?

What is the meaning of Breach of Peace?

  • What is the meaning of Breach of Peace? Or loan company came yesterday to repo Rob's truck. First let me say that yes we were behind in payments. We had made a payment on Jan. 14, but due to the holiday they had not received the payment which put us 3 months behind. When they showed up we refused them to take the truck. It was in the driveway. They never gave us any paperwork to show the Repo order, when we refused them the car they said they would call the police. I spoke with someone at Wells Fargo and this lady was extremely rude to me. Because at this point I was at the foot of my driveway in front of the tow truck. She told if I didn't move that she would have arrested. She also went on to calling me a spoiled child. Well we ended up giving them the truck to avoid the hassle. We had gone through this with Wells Fargo, then Wachovia, a few years ago. After finding out that they could not use the threat of the police and refused our oral objections to taking the car, I further put an Affidavit of Defense on the title of the car due to this and that they made a habit of accepting late payments from us. We went to court as scheduled but found out that day they had already sold the car. The lawyer was surprised to even hear that. They since have dropped coming after us for the deficiency nor does it show on credit report that we even had a repossession. What can we do about this?? I believe that this is a Breach of Peace and goes against them as an unlawful repo?

  • Answer:

    Breach of the Peace = public disturbance. Two people fighting in the street are committing a breach of the peace

dunns947... at Yahoo! Answers Visit the source

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How is it unlawful for Wells Fargo to take back their asset (the truck) when you had neglected to make payments for 3 mos? What do you expect them to do? Wait til you feel like paying? What they did was legal. As long as the car was not locked in your garage, the repo guy had every right to hook it up and leave. The car is no longer yours. Also, this seems to be a pattern with you. You say you had issues with repos before...Maybe it would be better to get your finances in order and pay cash for your cars for a few years until you can afford what you are financing. Breach of Peace would basically be you being loud and obnoxious to the tow driver and threatening. I am sure your neighbors didn't enjoy the *show* you put on when the tow truck was trying to do their job. It was not an unlawful repo. On what grounds was it unlawful? What is your defense?

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