Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer!
The acts of the repo person, as you described, were not illegal. The law does not restrict the hours in which they can come and take autos. They simply cannot "disturb the peace."
Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
There is nothing to prevent them from calling the police.
It's interesting that the police tried to order you out of the house. Technically, you did not have to leave your house.
While the event is embarrassing (I'm not sure who else is up at 2 a.m.), it's not illegal.
From the facts that you describe, you did not have to leave the house. Yes, the police could ask you to get out of your house -- but you could have refused and they would have had to get a warrant. As for the search, I wasn't there. The repo man can't be blamed for a possible illegal search. That's an issue you have to take up with the chain of command in the police department.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).