Do I Have to Turn Property Over to a Repo Man?

Refusing a Repossession

When the repo man comes knocking, it is within your legal rights to politely object, according to the website MSN Money. If he refuses to acknowledge your right to object, he may be violating your state's breach of peace laws, which also include unnecessary force, harassment or damage to property.

If the repo man is after your vehicle, he may legally enter your exterior property, such as your yard or driveway, but your house is off limits. In some states, this includes a locked garage. Failure to obey these laws is also considered a breach of peace violation, and you have a legal right to seek damages. If the car owner is on active military duty, it is federal offense to repossess the car without a court order.

A repo man cannot take any personal items left inside your vehicle. If your vehicle was repossessed while you were not present, the creditor must return any personal items to you immediately, or it will be considered theft. Just like with breach of peace, you can take the creditor to court and sue for damages if the items are not returned. While a creditor does not have to warn you before repossessing your property, state laws mandate that the creditor inform you of your options after the fact. If the creditor fails to notify you within your state's required time limit, you can legally press charges.

Regardless of where you live, every state allows an owner to redeem repossessed property, although the legal method and time line will vary by state. To get your property back, you will be required to pay the overdue balance, as well as any repossession charges. Keep in mind that the creditor also has a right to re-sell the property, so you must act fast. If the creditor sells the property for an amount less than you owe, you will also be responsible for paying the balance, which is known as a deficiency.