Reread the case below. $Do$ you agree with the court's ruling? Why $or$ why not? How would you have ruled? $(For$ your response post, try $to$ find $an$ opinion that $is$ opposite $of$ yours and respectfully challenge the reasoning.$)$

Chapa $v.$ Traciers & Associates, Inc.

$267S.W\mathrm{.}3d386$ Texas Court $of$ Appeals, $2008$

Case Summary

Facts: Marissa Chapa defaulted $on$ her car loan, $so$ Ford Motor Credit Corp. hired Traciers & Associates $to$ repossess her white Ford Expedition. Paul Chambers, Traciers$s$ field manager, staked out the address $on$ file, waiting for a chance $to$ make his move.

One morning, Chambers saw a woman drive a white Expedition out $of$ the driveway and leave $it$ running $in$ the street while she ran back into the house. $He$ made his move, quickly hooking $up$ the car $to$ his tow truck and driving away. Chambers may have been fast, but $he$ was wrong about two things. First, $he$ took the wrong car: This similar vehicle belonged $to$ Marissa$s$ sister$-in-$law Maria, who was not $in$ default. Second, Maria$s$ two children were $in$ the backseat.

When Maria realized that her car and her children had disappeared, she hysterically dialed $911.$ Within minutes, Chambers discovered the two Chapa children and immediately returned the kids and the car $to$ a frantic Maria.

Maria sued Ford, the repossession company, and the bank, claiming they had committed a breach $of$ the peace. The trial court dismissed the case and she appealed.

Issue: Did Chambers commit a breach $of$ the peace $in$ repossessing the car?

Decision: $No,$ the repo man$s$ error was not a breach $of$ the peace.

Reasoning: When a borrower defaults, a secured party may repossess the collateral without a court order $as$ long $asit$ does not breach the peace. $Abreachof$ the peace$is$ any conduct that disturbs public order and tranquility, such $as$ violent $or$ forceful action $or$ threats. $If$ the borrower objects during the repossession, then, $to$ avoid confrontation, the secured party must immediately desist and pursue its remedy $in$ court.

Here, although Chambers made some mistakes, $he$ did not breach the peace. $He$ removed $an$ apparently unoccupied car from a public street without immediate confrontation, violence, threats, $or$ objection. Chambers returned the vehicle minutes later, $as$ soon $ashe$ realized there were children $in$ the car. Chambers$s$ repossession, while very upsetting $to$ Maria, was not a breach $of$ the peace.