Richards v. PAR, Inc.

Under the Fair Debt Collection Practices Act, car repossessions are unlawful if the repo company has “no present right to possession of the property.” And in Indiana, a repo company has a present right to possession only if its actions “proceed[] without breach of the peace.” Repo company arrives at woman’s Indianapolis home, begins to take possession of her car. Woman protests. Repo men call cops. Officer arrives, slaps cuffs on the woman until after her car is towed. Seventh Circuit: Sure sounds like the woman might have breached the peace, in which case the repo men would have had no right to take the car, in which case taking the car would have violated the FDCPA. Her case can proceed.

Tags: 2020, FDCPA, Police, Seventh Circuit

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