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Is it legal for a repo company to follow a car into a gated…

Customer Question
Is it legal for...

Is it legal for a repo company to follow a car into a gated apartment community to repoa car?

Lawyer's Assistant: What state is this in? And how old is the car?

Texas its a 2016

Lawyer's Assistant: Has anything been filed or reported?

Do you mean by my part?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That and I want to know what my options are to not losing my car ive been making payments on for about a 14 months.

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
10/4/2017
Lawyer: KLAW, Lawyer replied 8 months ago
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,290
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Good morning
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Customer reply replied 8 months ago
what was the response?
Lawyer: KLAW, Lawyer replied 8 months ago
In Texas it is considered a breach of peace to merely follow you into the gated community. It is breach of peace to engage you in a verbal altercation about the car. It is also illegal for them to trespass into a locked garage or break into the gated community without someone actually granting them access. They are not allowed to break into a gate, trick the code, or follow another vehicle inside the gate, without being granted access.If they enter as stated above then they are liable for wrongful repossession, and you could sue them for making illegal entry into the property to secure the vehicle if they did breach the peace and break and return of the car.I hope this clarifies. Please don't forget to rate the question with stars so that I will receive credit and payment for assisting you with your question.
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Lawyer: KLAW, Lawyer replied 8 months ago
The governing law is Texas Business & Commerce Code § 2A.525(c). This prohibits breaches of the peace as to leased vehicles. Under the statute both the lender and the repossession agency are liable for a breach of the peace.
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Lawyer: KLAW, Lawyer replied 8 months ago
If you have any other questions please just ask
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