Williams v. Ford Motor Credit Company

Cathy Williams (plaintiff) received title to a car in a divorce, though the loan (assigned to Ford Motor Credit (defendant)) stayed in her ex-husband's name; he defaulted and authorized repossession. At about 4:30 a.m., Williams awoke to find two men towing her car; she yelled and stopped the truck, the driver explained he was repossessing it and politely retrieved her personal items, then drove off with the car. Williams sued for conversion. She testified the driver was polite and never threatened her or made her fear harm. A jury awarded $5,000, finding a breach of the peace under Arkansas's UCC repossession statute, but the district court entered judgment notwithstanding the verdict for the company; Williams appealed.

Whether a self-help repossession is lawful - accomplished without a breach of the peace - when it occurs without violence or the risk of provoking violence.