What is an example of a breach of peace during repossession?

Using intimidation or threats against the debtor during repossession clearly exemplifies a breach of peace. Under the Uniform Commercial Code, repossession must be performed without causing a disturbance or breach of the peace. This means that actions taken during repossession should not threaten the safety, comfort, or security of the debtor. When an agent uses intimidation or threats, it not only violates the principle of conducting repossession peacefully, but it can also lead to legal consequences for the secured party.

In contrast, other scenarios mentioned do not constitute a breach of peace. Repossessing collateral during daylight hours is generally considered an acceptable practice, as it is not inherently disruptive. Consulting law enforcement for assistance shows an effort to maintain order during the process and is typically seen as a responsible action. Likewise, informing the debtor beforehand about the repossession indicates a level of transparency and compliance with the law, which further mitigates the potential for conflict. These actions align with appropriate repossession practices and help to ensure that the process adheres to legal and ethical standards.