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Monday, July 18, 2011
I have written about the special Massachusetts rule against trespass during vehicle repossession, but I wanted to say something about threats. When there is a confrontation during a repossession attempt two things are almost always true: (1) there's a trespass and (2) the repo agent makes threats. I see the threats as fitting in two categories: (1) threats against financial interests and (2) threats of violence against persons or property. Although the first type of threat can sometimes be actionable in a court of law, it is the second type of threat that almost always constitutes a breach of peace and creates the entitlement to the sometimes-sizable breach of peace damages.