Q: Can a repo person take your vehicle if your gate was closed?
A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given.
A:
Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points:
- Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the legal owner of the property.
- Repo agents also cannot breach the peace, which could include cutting locks, opening closed gates, or entering a closed garage without permission.
- If the gate was closed and your property had no trespassing signs posted, it appears the repo agent violated Hawaii law by entering without permission and removing your vehicle.
- This may potentially subject the repossession company to civil liability for illegal repossession and trespass. You may want to consult a consumer protection or repossession defense attorney.
- You could try contacting the lender to complain about the improper repossession and seek return of the vehicle. If that fails, filing a lawsuit is an option.
- It's recommended to take photographs documenting the closed gate, no trespassing signs, and any damage that may have been caused during the illegal repossession.
- If the repo agent entered your actual home without permission, you could also consider filing a police report for trespassing.
In summary, under Hawaii law, a closed gate on private property with no trespassing signs should prevent legal repossession absent the owner's express consent. The repossessor opening the closed gate was likely prohibited.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
