What Is a Breach of the Peace
California does not define breach of the peace in a single statute — it is a common law standard built through decades of case law. The core principle: a lender has the right to take your car without a court order, but only if it can do so peacefully. The moment the repossession requires force, threats, or confrontation, the lender’s self-help right ends.
California Commercial Code § 9609(b) expressly states that a secured party may take possession of collateral after default only if it proceeds without breach of the peace.
What Counts as a Breach of the Peace
Courts applying the UCC — including California courts — have consistently found breach of the peace in the following situations:
Verbal threats and confrontation. A repo agent who argues with, threatens, or confronts the debtor breaches the peace even without physical contact. In Ivy v. General Motors Acceptance Corp. (1994) 25 Cal.App.4th 1358, a California Court of Appeal found that a confrontation between the repo agent and the debtor — even absent physical violence — was sufficient to establish a breach of the peace. The UCC Official Comment to § 9-609 expressly states that a secured party who uses or threatens force breaches the peace.
Proceeding over the debtor’s clear objection. In Williams v. Ford Motor Credit Co. (8th Cir. 1982) 674 F.2d 717, the court held that if the debtor clearly objects to the repossession and the repo agent proceeds anyway, that objection itself can trigger the breach of the peace standard. Your words matter. Document them.
Forced entry into an enclosed structure. In Stone Machinery Co. v. Kessler (1971) 1 Wash.App. 750, 463 P.2d 651 — a case widely cited across UCC jurisdictions — the court held that forcing entry into an enclosed structure to repossess constitutes a breach of the peace regardless of whether the debtor is present. Breaking a lock, cutting a chain, or opening a closed garage door without permission falls squarely within this rule.
Physical force. Any use of physical force against the debtor, a family member, or bystanders is a per se breach of the peace.
Causing a disturbance. Loud arguments, scenes in front of neighbors, or conduct likely to provoke a violent response have been treated as breaches of the peace under the totality of the circumstances test applied by courts under UCC § 9-609.
What Does Not Count as a Breach of the Peace
Not every unpleasant repossession is an unlawful one. Courts have generally held that the following do not constitute a breach of the peace:
- Taking the car from an open driveway or public street without waking you
- Taking the car while you are not present
- The repossession happening at night
- You being upset or angry about the repossession after the fact
The key distinction is whether the repo agent’s conduct — not your reaction — crossed the line.
What to Do If Your Rights Were Violated
Document Everything Immediately
Write down exactly what happened while it is fresh — the date, time, location, name or description of the repo agent, exactly what was said by both sides, whether they entered any structure or used force, names of any witnesses, and photos of any property damage.
Preserve Any Evidence
If you have security camera or doorbell footage, preserve it immediately. Do not allow it to be overwritten.
What a Wrongful Repossession Does to the Lender’s Rights
A breach of the peace does not just give you a claim against the repo company — it can eliminate the lender’s right to collect a deficiency balance from you. Under California Commercial Code § 9626, a lender that fails to comply with the repossession rules loses significant rights in any deficiency action.
In other words: if the repo was unlawful, you may owe nothing on the deficiency — and may be entitled to damages on top of that.
If the deficiency balance combined with other debts has become unmanageable, bankruptcy may be the most effective path forward. A Chapter 7 discharge eliminates unsecured deficiency balances entirely. Request a consult with an attorney at https://lawyersforthelittleguys.com/request-a-consult/
Can You Physically Stop a Repossession
No — and you should not try. What you can do:
- Verbally object clearly and on the record
- Record the interaction if it is safe to do so
- Note everything the repo agent says and does
- Call the police if the repo agent is threatening you or causing a disturbance — the police will not stop a lawful repo but their presence and report will document the conduct
Frequently Asked Questions
Is it legal for a repo agent to threaten to call the police?
Threatening to call police to force you to hand over your keys is a gray area — but many courts have treated it as a breach of the peace because it uses coercion to accomplish the repossession. Document it.
What if the repo agent broke into my garage?
That is a clear breach of the peace. Under Stone Machinery Co. v. Kessler (1971) 1 Wash.App. 750, 463 P.2d 651, forcing entry into an enclosed structure to repossess is a breach of the peace regardless of whether the debtor is present. Document the damage and file a police report.
Can I record the repo agent?
California is a two-party consent state for recorded phone calls, but recording video on your own property is generally permitted. Do not put yourself in danger to get footage.
What if I objected and they took the car anyway?
Your objection matters. Under Williams v. Ford Motor Credit Co. (8th Cir. 1982) 674 F.2d 717, proceeding over a clear verbal objection can constitute a breach of the peace. Document exactly what you said, when you said it, and what the repo agent did in response.
The repo agent damaged my fence getting to the car — what can I do?
Property damage during a repossession is actual damages you can recover. Photograph the damage immediately and get a repair estimate.
Can I sue the lender or just the repo company?
Both. The lender is responsible for the conduct of the repo company it hired.
What if the deficiency balance is more than I can pay?
If the deficiency is unmanageable alongside other debts, bankruptcy may eliminate it entirely. A Chapter 7 discharge wipes out unsecured deficiency balances. Request a consult at https://lawyersforthelittleguys.com/request-a-consult/