Self Help

O secured party may use self-help to repossess (i.e., without judicial process) ONLY if you can effectuate it PEACEFULLY (i.e., WITHOUT RISK to bystanders, the debtor, etc). You may not “breach the peace” to do so. o If breach peach you can be liable for actual damages, conversion, etc.  Breach of peace is fact specific • But normally any conduct that can lead to potential violence is breach of peace • Physical presence of debtor/or representation of debtor with objection is normally breach of peace • Can park behind a car and not let them leave if no threats or violence • No threats, fraud, intimidation, trickery, or subterfuge allowed • Majority of courts find that unauthorized entries into the debtor’s residence, garage are breaches of the peace but as you move further away from residence into the yard, driveway, and street you may be allowed to o Can repossess from driveway or street if no other factors present it is not breach of peace o Even if you get police involvement it can still be breaking the peace if force is used o Damages to goods contained in item repossessed (vehicle) =>creditor could be liable