When They Take The Car Back
Idaho Code § 28-45-108 and Idaho Code § 28-9-609 — no entry into a home and no breach of the peace
In a regulated consumer credit transaction, a default clause is enforceable only where the debtor fails to make a payment as agreed, or the prospect of payment or of realizing on the collateral is significantly impaired, which the creditor must prove.
No entry into a home, no force. Unless the debtor surrenders the collateral, a creditor may take it without going to court only if it can do so without entering a dwelling and without force or other breach of the peace.
Under the commercial code, a secured party may take collateral after default through the courts, or without them only if it proceeds without breach of the peace.
What happens after the repossession, the sale and any deficiency, runs under other sections. A particular repossession is a question for a licensed Idaho attorney.
Sources for this section (3)
- Idaho Code § 28-45-107 — Default
- Idaho Code § 28-45-108 — Creditor's right to take possession after default
- Idaho Code § 28-9-609 — Secured party's right to take possession after default
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.