* Breach of Contract: The repossession must be due to a breach of the contract, such as failure to make payments.
* Notice (often not required, but recommended): While not always legally mandated for all types of repossessions, providing notice to the borrower before repossession is generally considered good practice and can help avoid legal challenges. The specifics depend on the contract.
* Peaceful Repossession: The repossession must be conducted peacefully and without breach of the peace. This means no violence, threats, or breaking and entering. The repo agent cannot enter the borrower's home or other private property to seize the vehicle.
* Specific Procedures: Repossession companies must adhere to specific legal procedures outlined in the Texas Finance Code and other relevant statutes.
Failure to follow these procedures can lead to legal action against the repossession company and potentially result in the return of the vehicle to the borrower. If a borrower believes a repossession was illegal, they should seek legal advice.
