Q: Can I sue a repo company?, For a repo that wasn't peaceful on the Company Part?
Repo Company, was looking for my car, around July. My neighbor took a video an I also have a statements that the Repo Company told the BBB on what happened. And I also have screenshots that one of the repo drivers girlfriend messageing a friend of mine who lives in Florida, asking her where I work an that her boyfriend was trying to repo my car. An ask her a few more questions. When they told the BBB that nothing was posted on social media. The video shows them at my home at night about 9pm they bang on my door so hard I have dents an boot marks they even chip the paint off my door dents from their flashlights. They walk on my flowers damaging them when they was taking they're flashlights through every window in my house an even spot lighted. They bang so loud you can hear it in the video that my neighbor took. Can I get them for damaging my door my flowers. They was dress in black look like they had on riot gear on an never once stated who they was. An the ambrassnent they caused me?
A:
Michigan law allows a creditor, or their agent (repo company) to repossess a car using self-help if it can be done without breach of the peace. Breach of the peace usually means that you (the debtor) were there when the repo company came, and you clearly and vocally objected to the repossession going forward, and asked them to stop the repossession so you could go to court to contest the repossession. If you were not home when the repo agents came by, then it doesn't sound like there was a breach of the peace.
However, when the repo company comes onto your property, they have a limited permission to be there - they can only access the more "public" areas of the property (i.e., outside the "curtilage" of your home) and cannot negligently cause damage to your home or grounds. It sounds like you probably can't fight the repossession, but you could have a trespass to chattels claim against the repo agent if you can prove the property damage was caused by them.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards such as this one.
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