Yes, in most cases, your car can be repossessed on private property, including your driveway. The common belief that a repossession agent cannot enter your property is generally a myth. Repossession laws are primarily governed by state-level variations of the Uniform Commercial Code (UCC), which typically allow a creditor to take back collateral without going to court, as long as they avoid a "breach of the peace."
The legal definition of "breach of the peace" is the critical factor. It can include physical confrontation, threats of violence, or entering a locked garage. However, simply driving onto an open driveway to retrieve a vehicle is often not considered a breach of peace. Courts have repeatedly ruled that a homeowner's driveway is not afforded the same level of privacy as the interior of their home.
| Factor | Typically Allowed (No Breach of Peace) | Typically NOT Allowed (Breach of Peace) |
|---|
| Location | Open driveway, unfenced yard | Locked garage, gated community |
| Interaction | No one is present, agent leaves if confronted | Physical confrontation, threatening behavior |
| Property | No force used (e.g., opening an unlocked gate) | Cutting a lock, breaking a chain, breaking into a garage |
| Time | Any time of day, though nighttime is more controversial | |
The most secure way to prevent repossession is to keep the vehicle in a fully enclosed and locked structure, like a garage. Even then, if the repo agent has to break in, that would be illegal, but it is a reactive measure. Your best course of action is to communicate with your lender immediately if you're facing financial hardship. Many are willing to work out a payment plan or temporary forbearance to avoid the costs and hassles of repossession themselves. Ignoring the problem will not make it go away and gives the repo agent more opportunities to legally take the car.
