Kristi purchased a new Toyota Prius under an installment sales contract that allows the creditor to repossess the car if Kristi defaults on the payments. The credit contract was assigned to Regions Credit Bureau (RCB). Kristi missed two payments and RCB hired REPO man to repossess the car. The car was taken with incident. Kristi filed suit against RCB and REPO man for trespass resulting in wrongful repossession.
When a debtor defaults, can a secured creditor legally retake possession of collateral by entering onto the debtor's land? How do you think the court will rule. Please support your response.