We've received several questions recently asking us what a breach of the peace is in a repossession action, specifically when the vehicle to be repossessed always has a person or an animal inside. Repo law in Texas is governed by the Texas Business and Commerce Code, which is based on Article 9 of the Uniform Commercial Code. According to the law, self-help repossession is allowed for lien holders as long as it does not constitute a breach of the peace. However, neither code provides a clear definition of what constitutes a breach of the peace. Therefore, we must rely on case law for guidance in Texas. The most recent case defines a breach of the peace when repossessing a vehicle on a public street. In this case, an agent can repossess a vehicle if no one is present, or if someone is present but does not object to the repossession. On private property, a repossession can be carried out as long as the agent does not open any doors, gates, fences, or other barriers between themselves and the vehicle. In practical terms, if a person is present during a vehicle repossession, it is highly likely that they will object to it. Once an objection is made, all actions must cease. In regards to repossessing a vehicle with an animal inside, the repossession laws state that the lien holder must ensure the safety and security of any property found inside the vehicle for a period of 30 days. This raises the question of whether the lien holder is comfortable with the responsibility of maintaining the safety and security of a live animal for that 30-day period or until the customer retrieves it.
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Repossession Order Form: What You Should Know
C.V.S. § 1310.8 Title: Vehicle title, certificate of title, license plate, registration and other title documents for a covered vehicle; and the original records, documents, information, and evidence of ownership of a vehicle that is in its custody; which is subject to a repossession order and to a conditional sale agreement for the repair of the covered vehicle; and the original records, documents, information, and evidence of ownership of a vehicle that is in a temporary location and not in operation or for sale. For a vehicle owned and registered in CA. California vehicle ownership document, CA Vehicle Code, Section 1310.21(a) California Vehicle Code section 1350. Title: Ownership statement issued by the registered or authorized agent of the owner. Title: Original title record in the records of the Department of Motor Vehicle. Title: Original title record of a vehicle in a temporary location and not in operation or for sale. CA Vehicle Code, Section 3102.3. Title: Vehicle Identification Number. Title: Owner's certificate of ownership issued by the Department of Motor Vehicles. CA Vehicle Code, Section 17101. Repossession order form: Fill out and sign online — California Department of Motor Vehicles. Print a repossession order template and print the repossession order form.  Do not scan the form. Repossession Order Form for Repossession Order Form.pdf NOTE: You do not need a scanner or a scanner program for repossession order form. The form is to be completed online, using a computer and not a scanner.  Go online. Make sure you enter the required information correctly. Click the “Submit” button and all instructions will be delivered to you. To order a repossession of your vehicle on or before February 18th, 2015, complete and submit the repossession application online at the DMV website. To order on or after February 18th, 2015, you will be required to visit the California Department of Motor Vehicles at the following locations for verification. Vehicle owners who must come to the DMV to repossess their vehicle If you own a vehicle registered in California and you need to return it to your current state of registration and title, you must come to the DMV to do so. The DMV cannot assist you in repossessing your vehicle if the repossession cannot be completed at the California DMV.
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