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Daniel Solutions
Daniel Solutions, Lawyer (JD)
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Experience:  Practing General Attorney,
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Hello, I was just wondering if a repo person can legally enter

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Hello, I was just wondering if a repo person can legally enter your garage to take the vehicle, without our knowledge? I understand it's my responsibility to pay my bill, but we have been experiencing a rough time since I lost my job two 1/2 years ago. We weren't even notified by our lender that they were going to repo it. We were even home at the time, and no one even knocked on our door.

Thank You
Submitted: 4 years ago.
Category: Legal
Expert:  Daniel Solutions replied 4 years ago.
what is the state?
Customer: replied 4 years ago.
Oh, I'm sorry it's New Mexico
Expert:  Daniel Solutions replied 4 years ago.
Once payment is deemed late the lender is able to repo the car under terms of your contract. You would need to read your contract to determine the grace period to pay late payments. Per the Uniform Commercial Code (UCC) adopted in September, 1962: With County Clerk in county where property is situated or is about to be removed. All liens on motor vehicles must appear on certificate of title. As per the UCC, repossession is allowed and permitted as long as it is peaceful. If repossession discussed with debtor the secured party must give a ten day notice otherwise peaceful repossession permitted.
Customer: replied 4 years ago.

Well, actually, I understand most of your answer, I am two months late and yes they do have the right to repo it, but no they did not give us a ten day warning of the repo, but my real question was, can they actually come into my garage without my knowing or permission and take the vehicle. I just would have at least liked to have known they were going to repo it.
Expert:  Daniel Solutions replied 4 years ago.
Yes they can come onto the private property so long as they do not take the property by physical force.
Customer: replied 4 years ago.
Ok, Thanks, XXXXX XXXXX about the not giving us that 10 day notice of the repossession? Can we do anything about that?
Expert:  Daniel Solutions replied 4 years ago.
You may be able to get a judge to not force you to pay repossession charges but you would still have to pay the past due amount to obtain the car back.
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience: Practing General Attorney,
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