Bad/Illegal Repossession Claims

Repossession

Overview

If you default on a loan, a lender can repossess your property. But even repossession must follow strict laws. Repossessors must not breach the peace. They cannot use or threaten force. They cannot break locks, damage gates, or forcibly enter a secured area to take your property. If you are present and verbally object to the repossession, the agent must immediately stop and leave. Continuing after a verbal objection is illegal.

They are only entitled to the collateral, not your personal belongings inside. They must document and return your personal items—they cannot hold them to force payment.

If your rights are violated, act fast! If you were a victim of a wrongful repossession, you have the right to sue. A wrongful repossession can lead to compensation for damages and may require the lender to cancel the debt or return your property. Know your rights, and don’t let illegal practices stand.

Frequently Asked Questions

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1. What is Bad Repossession litigation about?
The fundamental rule for any repossession is the prohibition against breach of the peace. This is the line a repossessor can never cross.

Repossessors cannot use physical force or threats of violence against you. They cannot break locks, cut chains, or damage property—like a garage door or a gate—to seize the collateral. Forcible entry is illegal. Furthermore, they cannot impersonate law enforcement or government officials.

Crucially, if you are present during the attempt and you verbally object to the repossession, the agent must immediately stop and leave. Continuing the seizure after a clear, verbal objection is a breach of the peace and makes the entire act illegal.

Beyond the collateral, your rights to your personal property are absolute. A repossessor is only entitled to the property secured by the loan, like the vehicle itself. They are not entitled to any personal belongings left inside. They must take reasonable care of your items, inventory them, and notify you how to retrieve them. They cannot hold your personal effects to leverage payment.

2. Am I eligible to file a claim?
There are many actions that can make a repossession illegal. There are a lot of rules that a repossession agent needs to follow. These include:

  1. No Breach of the Peace – this includes using or threatening force, forceable entry, and repossession over objection
  2. No Misleading Conduct or Deception – such as posing as law enforcement or lying to gain access
  3. Damaging the repossessed property
  4. Claiming property when the loan is not in default
  5. Keeping personal items taken in the process of repossession
  6. Failure to notify after the repossession

If any of these were violated during the process or after your property was repossessed, you may have a valid claim. You may be able to reclaim the repossessed property and even get financial compensation.

3. What are we claiming against the defendants?
We are claiming that the US Government was very aware that the chemicals they were allowing to spill into the ground could have serious risks to the soldiers and civilians that were stationed at Camp Lejeune. And, to make matters worse, even after the hazards of the chemicals were exposed, the Government continued to deny health care to the people that were affected.
4. How can I stay updated on this case?
You can stay updated by filling out our case inquiry form to receive direct email alerts regarding major milestones, court filings, and settlement updates. We will also publish key case developments directly to this website news feed.
5. How long will it take to get compensation
Every case is different and the plaintiffs are going to do everything they can to fight these claims. That said, it is not uncommon for litigation to take some time to reach a conclusion. We will contact you as necessary when we need documents from you. But, during the early stages of the litigation, we will focus on building the legal arguments and expert testimonies. So, it may be a while before we need your input. Please be patient while we work through these first stages.

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