Consumer Law

INDIANA REPOSSESSIONS DURING COVID-19 PANDEMIC

By Robert Duff

It is my hope in these trying times that creditors exercise restraint and avoid repossessions altogether. It seems like the right thing to do. Unfortunately, I am afraid that repossessions are still going to occur during the Coronavirus Covid-19 pandemic. If you are reading this, you are probably either concerned about your car being repossessed or it already has.

On March 23, 2020, Governor Holcomb issued Executive Order 20-08 directing all Hoosiers to stay at home, effective March 25 until at least April 6. All non-essential businesses and operations must cease and most travel is prohibited except for essential activities. This means two things. First, repossessions are likely prohibited. The Executive Order lists auto repair and related facilities as an essential business, so towing for repair purposes is ok but for repossession purposes is probably not. Transportation providers are also listed as essential businesses, but I don?t believe that would include towing companies or finance companies for that matter. On the other hand, the Governor?s Order also means that most people will be at home and so will their cars. Repo companies will know where most cars they are looking for are located.

If the repo man does come looking for your vehicle, is there anything you can do to prevent a repossession? Yes. One is to store the vehicle in a garage or other building or behind a fence. Repossessors are allowed to come onto private property to repossess, but they cannot (legally) enter a building or open a gate. If they do, they have breached the peace and repossession is illegal. Another possibility is to block the car in with other vehicles if you don?t have a garage. But beware, repossession agents have been known to drag other cars out of the way to take a car (no this isn?t legal, but it happens).

The post INDIANA REPOSSESSIONS DURING COVID-19 PANDEMIC appeared first on Indiana Consumer Lawyer Blog.

Full post as published by Indiana Consumer Lawyer Blog on March 25, 2020 (boomark / email).