Your Rights When a Repossession Agent Comes to Your Home
If you’re behind on your car payments, you might worry that a repossession agent could show up at your house. Repossession at home is extremely common, but there’s a lot you can do to protect yourself.
As a Memphis bankruptcy lawyer, I’ve worked with many clients who felt powerless in these moments. But with repossession, you still have rights.
So let’s talk about what repo agents can and can’t do when they come to your house.
Can They Come to Your Home?
Repossession agents are allowed to come to your home to recover a vehicle, as long as they don’t break the law or “breach the peace.”
This means they can walk onto your driveway or up to your front door if the car is in plain view.
But there are strict limits on what they’re allowed to do once they’re there.
What They Can’t Do
Even though your lender may have the legal right to take back the vehicle, repossession agents are not allowed to:
Enter a Locked Garage or Gated Area Without Permission
If your car is inside a locked space, they can’t break in to get it. That would be considered trespassing.
Break Doors, Cut Locks, or Use Force
They can’t damage property or force their way into your home or garage.
Threaten or Intimidate You
Aggressive behavior, yelling, or threatening physical harm isn’t allowed under Tennessee law.
Start a Physical Altercation
If things turn physical, the repossession becomes illegal. That’s true even if you were behind on payments.
What You Can Do
You also have the right to take certain actions. You can:
Ask for Identification
You can always ask the agent to identify themselves and confirm which company they’re working for – and they do need to provide this information when asked.
Record the Interaction
In Tennessee, it’s legal to record audio or video of someone in a public place or at your home as long as you’re part of the conversation.
Refuse Access to Locked Property
If your car is in a locked garage, you don’t have to open it.
Call the Police
If you feel threatened, unsafe, or if the agent is breaking the law, call the police immediately.
What Happens If They Break the Law?
If a repossession agent breaks the peace or violates your rights, you may have legal grounds to challenge the repossession. Depending on the situation, you may even be able to sue for damages.
Keep notes or recordings of what happened, and if you think you have a case, contact a lawyer right away to explore your options.
What If You Want to Avoid Repossession Altogether?
If you’re worried about losing your car, there are still options. In some cases, you can stop repossession by negotiating directly with your lender or exploring alternatives like voluntary surrender.
But if those steps don’t work, you have the option to file for bankruptcy. That process puts an automatic stay on all collection efforts. This means it automatically stops repossession.
We’re Here to Help
If you’re worried about repossession, don’t wait until it’s too late to do anything about it. Call our office right away.
As an experienced Memphis bankruptcy lawyer, I’ll walk you through your rights and help you take steps to protect your property and your peace of mind. And the conversation is completely free, no strings attached.
Just contact us online today or call 901-327-2100 to get started.
Your home is your space. Your rights still apply. Let’s talk about how to protect them.