Location: Phoenix, Arizona, USA
Hello,
I (34f) live in Phoenix Arizona, USA. My car was issued for reposession today. I called and let the company know I will be making another payment in two days time that will catch me up. This is true. I fell behind in payments because of several factors including a serious medical issue that took me out of work, running out of savings, and now I am looking for work. I have been doing Uber to earn money, and yes, I have the appropriate insurance with the endorsement for driveshare. The insurance alone is $782 because of two speeding tickets that will thankfully fall off at the end of this month. The car payment is $683. I am killing myself with these payments. Anyway, here is my question:
I am currently living in my car. I have read online that they cannot legally repossess the car as long as someone is inside it because that would be considered a breach of the peace. I have seen a lot of videos where repo agents do crazy stuff. Therefore, I am worried they might try to repo the car while I am sleeping or call the police on me if I don’t exit the vehicle so they can repo it. Is that something they can do?
To give some side details that may or may not be helpful. I am about to go to sleep for a few hours before Ubering. I have blackout window protectors to keep out the sun and it’s heat. I also leave my car running for air-conditioning and the use of my cpap. A cpap (continuous positive airway pressurees) is a medical machine that keeps me breathing while I sleep. Yes, a car and it’s battery can essentially run indefinitely with little to no consequence. Thankfully, I showered this morning so I can handle skipping one day of showering in order to earn the remaining money I need to catch-up. It’s a mental sacrifice, but I can do it. That means I will not be leaving this car under any circumstance (besides the worlds quickest restroom breaks) until I have the rest of the money earned.
To ask again, can the repo man take my car while I am inside of it in the state of Arizona? Can they call the police to make me exit my vehicle so they can repossess it?
I will post the google AI overview and the information it gave me below.
Thank you for taking the time to read my post and to comment on it. I sincerely appreciate you and your effort 😊🙏💜🫂
GOOGLE AI OVERVIEW:
“In Arizona, a repo agent generally cannot repossess a car with someone inside.
Repo agents are prohibited from repossessing a vehicle if it involves a breach of the peace, such as using force or causing a disturbance. If a repo agent attempts to repossess your car while you are inside, you can object, and they must stop.
Here’s a more detailed breakdown:
Breach of the peace:
Arizona law prohibits repossessions that involve a breach of the peace, which includes using force, threats, or violence.
Right to object:
If you are in the car during a repossession attempt, you have the right to object, and the repo agent must cease their actions.
Repo agents’ actions:
While repo agents can enter your property to repossess a vehicle, they cannot break into a locked garage or damage property to do so.
Consequences of breach of the peace:
If a repo agent breaches the peace during a repossession, you can potentially sue the lender and repossession company, according to JustAnswer.”