Wade v. Ford Motor Credit Co.

668 P.2d 183 (1983)

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Wade v. Ford Motor Credit Co.

Kansas Court of Appeals
668 P.2d 183 (1983)

Facts

Norma Wade (plaintiff) financed the purchase of a vehicle through Ford Motor Credit Company (Ford) (defendant). Wade agreed to pay monthly installments and gave Ford a security interest in the vehicle. Ford properly perfected its security interest. Wade eventually defaulted when she stopped making payments. After Ford sent a default notice, Wade made another payment and promised to make more, but the account remained in arrears. Accordingly, Ford retained a repossession agent to repossess the vehicle. The agent abandoned the first repossession attempt because he noticed a discrepancy between the vehicle’s serial number and the number listed on the paperwork. By that time, Wade had seen the agent and gone outside. The agent advised Wade that he would not repossess the vehicle until he confirmed the serial number and that she should contact Ford if she thought repossession was improper. In response, Wade informed the agent that she had a gun in the house, which she would not hesitate to use if someone came back to repossess the vehicle. Over the next month, Wade made two more payments, but the account remained in arrears. Consequently, Ford instructed the agent to proceed with repossessing the vehicle. Thereafter, the agent successfully repossessed the vehicle from Wade’s property in the early morning. By the time that Wade became aware, the agent had safely left the area. Wade subsequently sued Ford for wrongful repossession, conversion, and loss of credit. The trial court ruled in Wade’s favor and found that Ford had breached the peace based on Wade’s lack of consent and the great potential for violence associated with the second repossession attempt. Ford appealed.

Rule of Law

Issue

Holding and Reasoning (Swinehart, J.)

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