When a person buys an article on a time payment plan (such as furniture, appliances, automobiles, etc.) the agency lending her/him the money for the purchase (bank, credit union, savings and loan, etc.) retains a security interest in the article until the loan is fully repaid. Unless otherwise agreed, if the purchaser does not make payments on the loan when due, the lending agency has the right to take possession of the item on the strength of this interest without court action, i.e., repossession of collateral.
Along with the right to repossess property as outlined above is also the right for the lending agency to enter upon the premises of the person owing the debt for the purpose of taking property; however, the agency (its employees or agents) may only repossess the item when it can be accomplished without activity which would amount to disorderly conduct.
An officer dispatched to stand by during a repossession proceeding should inform the person who owes the debt that the lending agency does have the right to take the property, and also inform both parties that you will take enforcement action against either one if any offense is committed in her/his presence. If a confrontation appears to be imminent or actually occurs (i.e., fighting, challenging to fight, etc.) the officer will then inform the agent of the lending agency that the right to repossess without court action is terminated and the agency must now proceed by civil court action.
The officer may take enforcement action against the party who conducts her/himself in a manner amounting to disorderly conduct or assault, etc. If the agent persists in her/his attempt to take possession of the property at this time, s/he is no longer protected by law and can be arrested for trespassing, disorderly conduct, or for any other minor offense s/he may commit while attempting repossession.
In repossession actions in which a court order has been issued, the sheriffs department is usually involved and a police officer may be called to assist. The officers duties are to keep the peace and allow the repossession proceedings to proceed as the court order will direct and any intervention on the part of the person or persons who refuse to give up the property may subject to arrest on an assault or disorderly conduct charge.
Revised July 1, 2011