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Can A Home Be Entered For Repossession?

| Dec 3, 2020 | Stop Debt Collection |

During this challenging economic time, those who have lost their jobs from layoffs may find themselves delinquent with creditors or in default of a licensing agreement. It’s stressful enough pursuing work while the bills pile up and payments like rent and car payments go unpaid. A person may need a car to engage in certain lines of work successfully. They may be worried about access to family members in need without that means of transportation. But what if the items set for repossession are inside a person’s home?

Know what practices are unlawful

The professionals hired to repossess certain high-value items may not be aware of the law. Some may even be unscrupulous in their practices. This ignorance, however, is no excuse for illegal conduct. Though an agent may repossess particular things in plain sight on your property, they have relatively limited exemptions from the trespassing laws in Wisconsin. Here are some of the guidelines concerning repossession:

  • Generally, creditors cannot repossess a vehicle inside a locked garage or home.
  • Repo agents cannot ‘breach the peace’ in the course of carrying out a repossession.
  • They cannot enter a home unless they have permission from the resident.
  • In some cases, a person has a right to verbally and peacefully object to a repossession while it occurs.
  • Creditors need to send a postal notice of a default that can result in repossession.
  • Property should be held for 15 days after its acquisition before a sale can take place.

Take the next steps after a default

Wisconsin consumers, who can demonstrate that a repossession was unlawful, may be entitled to certain recoveries of property, payments and potential damages if the violation is egregious. The loss of property can impact a person’s ability to care for their family and pursue certain lines of work. It is essential to understand the rules for repossession to protect yourself from unlawful practices.

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