Self help repossession is allowed in Arizona under the UCC and ARS Title 47 (secured transactions) without breach of the peace. A lawful repo is not the same as an unlawful private property tow.
What the law allows (repo)
- A secured creditor (the lender) may retake the collateral (the car) on default.
- The creditor can enter private property to retake the collateral as long as there is no breach of the peace.
- The creditor does not need a court order for a peaceful, non confrontational repo.
- ARS Title 47 sets the secured transactions framework. The repo must be self help (no court officer), and it must avoid confrontation.
What the law prohibits (repo)
- Breaking into a locked garage or a locked gate to retake the car.
- Confronting the borrower in a way that provokes a fight or a police call.
- Removing the car from inside a closed, locked structure where entry would be a trespass.
- Threatening force, using force, or removing the car while police are telling the agent to stop.
What is different from a private property tow
- A repo is the lender retaking its own collateral.
- A non consent tow is a third party tower removing a vehicle from a lot under ARS 9-499.05 and Phoenix City Code 36-144.
- Different statute, different rules, different paperwork. A police impound (ARS 28-3511) is yet a third track.
What to do if a repo agent shows up
- Do not confront. Do not block.
- Document the scene from inside (date, time, agent description, vehicle plates).
- File a police non emergency report to record the incident.
- After the repo, call the lender listed on your contract to arrange recovery.
For the cost of getting a car back from impound (different from repo), see our Phoenix impound guide.
Frequently asked questions
Can a repo agent come into my driveway in Arizona?
Yes, generally. A repo agent may enter private property in Arizona to retake a car on default as long as there is no breach of the peace. ARS Title 47 covers the secured transactions framework.
Can a repo agent open my garage to take the car?
No. Breaking into a locked garage or a locked gate to retake a vehicle is a breach of the peace and likely a criminal trespass. The agent must take the car from where it is openly accessible.
Can a repo agent come onto my apartment lot?
Generally yes, for an accessible vehicle in a common area or assigned spot. The agent cannot break into a locked gate or storage unit.
Is a repo the same as a tow?
No. A repo is the lender retaking collateral. A tow is a third party tower removing a vehicle under a tow order or a lot owner request. The two are governed by different statutes.
Can I get my car back after a repo?
Yes. Call the lender to arrange payoff and recovery. The car is not lost; it is held pending resolution of the loan default.