Marissa Chapa defaulted on her car loan, so Ford Motor Credit Corp. hired Traciers & Associates to repossess her white Ford Expedition. Traciers assigned its field manager, Paul Chambers, to the task and gave him the vehicle’s tag number and address. Chambers staked out the house, waiting for a chance to make his move. 

One fateful morning, Chambers observed a woman drive the car out into the street and leave it running while she ran back into the house. Chambers seized the moment. It only took him thirty seconds to hook up his tow truck to the Ford and drive away. Chambers may have been quick but he was mistaken about two things. First, he took the wrong car: This white Expedition belonged to Marissa’s brother Carlos and his wife Maria. It was not in default. Second, their two children were in the backseat of the towed vehicle.

When Maria emerged from the house and saw that the Expedition, with her children, was gone, she naturally panicked and hysterically called 911. Meanwhile, on an adjacent street, Chambers noticed that the Expedition's wheels were turning. When he stopped the tow truck to investigate, he discovered the two Chapa children. Within minutes, Chambers returned the kids and the car to a hysterical Maria. 

Carlos and Maria Chapa sued Traciers, Chambers, and FMCC for breach of the peace. The trial court dismissed the case and the Chapas appealed.

Questions:

1. Did Chambers commit a breach of the peace in repossessing the car?

2. Pursuant to the UCC, what is “breach of peace?”

3. What is default?

4. What does the secured party have the right to do when the debtor defaults?