Legal Question in Criminal Law in New Jersey

violence during repossession

Do I have the right to try and keep possession of my vehicle resisting the violent action of a repossessor. Do I have the right to apply physical force when being attacked by the repo man who is trying to forcibly take possession of my property ( the vehicle is not leased but owned by me and financed by a bank loan)


Asked on 7/11/09, 1:12 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: violence during repossession

Usually, the repo men come with the police. I expect that you do not actually have title to the car. The title is something you will get when you pay off the car loan. If you had a right to refuse to surrender the car you would call the police. I hope that you have not been charged with a criminal offense. if you have, you need to hire an attorney.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/11/09, 1:22 pm
david bildner bildner law firm

Re: violence during repossession

Answering your question in a vacuum, repossession is legal as long as it is not accompanied by violence. A repo man is not permitted to use violence to effectuate a repossession and you are not permitted to use violence to prevent repossession. You ARE permitted to use violence under CERTAIN CIRCUMSTANCES in self-defense against violence.

You really MUST speak with a lawyer in order to determine how the law applies to the facts of your case. Call me if you would like to discuss it further at 877*688*3879.

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Answered on 7/11/09, 9:54 pm


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