Inform the local police department
The repossession agent is to inform the local police department of the intent to seize a vehicle. During the repossession, the police may be contacted by the consumer or the repossession agent to come to the scene.
Keep the peace
The police are to aid in keeping the peace. If the situation becomes volatile, they should assist in diffusing the confrontation between the repossession agent and the consumer.
The police should not assist or enable the repossession. They should not order you to turn over your keys or to “step aside” and let the repossession agent take your vehicle.
Breach the peace
If the police threaten you with arrest or command you to turn over the vehicle, they may have crossed the line from keeping the peace to breaching the peace. This could violate your constitutional rights. You may be entitled to bring a lawsuit against the police department, the repossession company, and the lender for wrongfully repossessing your vehicle.
Document the event
Document the repossession. Make a note of the repossession company name, agent name, license plate number, name of police officer, and police department. Request a copy of the police report. Photograph damage to your vehicle or personal property. Gather written statements from witnesses. Contact Flitter Milz to discuss details of the repossession.