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When a provision of law requires that repossession takes place, the lien holder has a non-delegatable obligation not to cause a breach of the peace (which is synonymous with disturbing the peace) in performing the repossession or the repossession will be reversed, and the party ordering the repossession will be liable for damages (or the lienholder will be held responsible).
The Fair Debt Collection Practices Act (FDCPA), Pub. L. 95-109; 91 Stat. 874, codified as 15 U.S.C. § 1692 –1692p, approved on September 20, 1977 (and as subsequently amended), is a consumer protection amendment, establishing legal protection from abusive debt collection practices, to the Consumer Credit Protection Act, as Title VIII of that Act.
Several U.S. states, including California, [16] Georgia, [17] and Texas [18] impose a "tender" condition precedent upon borrowers seeking to challenge a wrongful foreclosure, which is rooted in the maxim of equity principle that "he who seeks equity must first do equity", as well as the common law rule that the party seeking rescission of a ...
According to HG.org, here are 15 bizarre laws that might be enforceable in Texas. 15 strange enforceable laws in Texas No. 1: Selling your organs. Tex. Pen. Code. §48.02 says it's illegal to sell ...
If the party has the ability to do so directly, the action is referred to as repossession. For example, in the states of Wisconsin and Louisiana , if a person who finances an automobile, becomes a registered owner of that vehicle and fails to make payments as agreed, the lienholder cannot simply repossess the vehicle.
The operation of a statute of limitations can be avoided or tolled by a number of equitable factors, such as the minority of the injured party, or attempts by a tortfeasor to conceal evidence of responsibility. Some statutes of limitations begin to run only when the injured party discovers or reasonably should have discovered the injury.
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Often, self-help is allowed as long as no law is broken and no breach of the peace occurs (or is likely to occur). Additionally, the usual limit on liability for actions of an agent does not apply; if one uses an agent, such as an independent contractor, to perform the self-help action, the principal will be held strictly liable if anything ...