by KYW's Amy Feldman
Apparently Paris Hilton had other things on her mind than making payments on the $500,000 Mercedes she had - past tense - because the car was repossessed in LA. I am certain that everyone on LA roadways and sidewalks are saying, “phew!” We—and Paris—are aware of what is illegal when it comes to driving the car. But how can it be legal for a repo man without notice, to hotwire a car and drive it away?
When you buy a car, unless you pay cash, you get a loan on which you make monthly payments. To secure the loan, the bank or dealership takes a security interest in that car giving the bank the right to take the car if you stop making payments. There are laws governing repossession, most importantly that the repo man can’t breach the peace—meaning he can’t use bodily force or threats and if confronted can’t risk a confrontation with you that would result in a breach of the peace.
Moreover, a repo man can’t break into a locked garage. He can, however, lawfully take your car in the middle of the night if it’s on the street or even in your driveway. Poor Paris will now have to get herself a new half million dollar Mercedes. Maybe this time she’ll just hire a driver and avoid all those driving headaches.
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