Rule bought a motorcycle by signing a secured credit agreement. Rule has defaulted on his monthly motorcycle payments. Rule sends his creditor a letter stating they do not have his permission to repossess his motorcycle, he will use deadly force if they attempt to do so. He tells the creditor they must get a judgment and come repossess the motorcycle with the sheriff present.
Rule parks his motorcycle at Hitt St. garage while teaching. Rule's creditor comes to Hitt St. garage and begins to repossess Rule's motorcycle. One of Rule's students walks by and recognizes his professor's motorcycle being repossessed. Seeing a chance to impress his professor, the student runs to the repo man and says "You can't take that motorcycle!" and proceeds to attempt to sabotage the repossession by quoting his extensive knowledge of Article 9.
The creditor puts the motorcycle on the tow truck over the verbal protests of the student. While arguing with the creditor, the student sends a text message to Rule who is stuck in real estate transactions class. Rule cancels class and proceeds to run to the Hitt St. garage. Rule sends a text to his student that he will be there in two minutes.
The student tells the repo man Rule will be here in two minutes so he can't take the motorcycle. The repo man gets in his truck and quickly drives away with the bike. As he is leaving the garage, Rule runs behind the truck waving his arms, but the repo man does not see Rule so he keeps driving away.
Was the repossession lawful?
1. No, because Rule sent a letter to creditor making any repossession is then a breach of the peace without a judgment.
2. No, because a student told repo man he could not take the motorcycle, but he did anyway.
4. No, because the repo man should have known Rule was running behind his truck protesting.
5. No, because the repo man knew Rule was nearby.