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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3149
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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can a repo man come on my property even if I have no trespassing

Customer Question

can a repo man come on my property even if I have no trespassing posted. I live in North Carolina
Submitted: 7 years ago.
Category: Legal
Expert:  Thomas Swartz replied 7 years ago.
Hello JAGUEST-33726524,

Generally yes. A secured creditor is allowed to repossess the collateral where ever that collateral is so long as in doing so there is no "breach of the peace" (see, North Carolina General Statutes § 25-9-609).

What does "breach of the peace" mean? Well generally, it means that a repo man can not do such things as forcibly remove you from the vehicle; stop you on the street or highway like a law enforcement arrest; enter a closed or locked garage or your home; break into your house; create a disturbance such as a fight or other altercation; threaten any of the above actions; threaten you or any one in the car, or pretend to be a law enforcement officer while conducting the repossession.

But if your car is just sitting out in the open on your property, say in a driveway, a repo man can come onto your property and take it regardless of whether you have no trespassing sign posted.