Roach v. Barclays American/Credit, Inc.

Pope, Judge.

Plaintiff Velma Jean Roach brings this appeal from an order granting partial summary judgment to defendants, Barclays American/Credit, Inc. and two of its employees, on that part of her complaint seeking recovery for trespass and wrongful repossession of her automobile. Plaintiff concedes that defendants were lawfully entitled to repossess the automobile but contends that she is entitled to damages because said repossession was a “breach of the peace.” The Uniform Commercial Code provides: “Unless otherwise agreed a secured party has on default the right to take possession of the…