Q: I thought companies could repossess property, like cars, without court orders only if it did not cause a breach of the peace. Wasn’t the owner’s initial protest when two men attempted to repossess

The Atlanta Journal-Constitution

Q: I thought companies could repossess property, like cars, without court orders only if it did not cause a breach of the peace. Wasn’t the owner’s initial protest when two men attempted to repossess a Mustang recently a breach of the peace? I am not excusing the use of excessive force, but aren’t there standards for repo men to follow?

— Tom McFarland,
Americus

A: Creditors are allowed to repossess a vehicle at any time and without notice and are allowed to come onto your property, according to the Federal Trade Commission. But there may not be a “breach of the peace” when seizing the vehicle, according to the FTC and Georgia state law. A breach of the peace could mean physical force or threats of force as well as taking the car from a closed garage without permission. An authorized secured party can repossess a motor vehicle without a writ of possession only if there is no breach of the peace, said Fulton County police spokesman Scott McBride. If a court order (writ of possession) is issued, the vehicle can be repossessed regardless, he said. McBride said he could not comment on the details of last week’s shooting because it is still under investigation. In the incident in south Fulton County, one “repo man” was shot and killed and the other was critically injured when they went to a home to repossess a 2004 Ford Mustang.

Lori Johnston wrote this column. Do you have a question about the news? We’ll try to get the answer. Call 404-222-2002 or e-mail q&a@ajc.com (include name, phone and city).