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Car Repossessions in Garages, Gated Communities or Gated Areas

A repossessor sometimes completes a repossession by following a car into a gated area or gated community (sometimes referred to as “piggybacking”), or the repossessor drives in when someone exits the gate. Both situations amount to a breach of the peace and are unlawful. California statutory law and caselaw define a breach of the peace…

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Licensing Requirements for Repossessors

In California, a company needs a “repossession agency” license to locate or recover a vehicle. The licensing is provided by the Bureau of Security and Investigative Services (BSIS), a division of the California Department of Consumer Affairs. Acting as a repossession agency without a license is a crime and grounds for a civil lawsuit in…

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Denial of The Right to Reinstate

An earlier post details the two rights a California consumer generally has to get his or her car back following repossession or voluntary surrender of a car. To recap, the first right is to “reinstate” the car loan by paying all amounts past due, plus any applicable delinquency charges, collection and repossession costs. The second…

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Repossessors & The Fair Debt Collection Laws

A repossessor who takes – or attempts to take – property in breach of the peace (e.g., by force or by illegally entering a locked garage) can be sued for violations of the fair debt collection laws. In fact, the repossessor can be sued under both the federal Fair Debt Collection Practices Act and the…

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Repossessions from Gated & Locked Garages

A repossessor cannot enter a gated and locked garage to repossess a car. There’s no exception to this rule. If a repossession agency takes a car from a gated and locked garage, the agency has committed a breach of the peace and the consumer can sue the repossession agency. A repossession must be accomplished without…

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Your Rights Following A Car Repossession

In California, a consumer generally has two rights following a car repossession. The first right is to “reinstate” the contract by paying all amounts past due, plus any applicable delinquency charges, collection and repossession costs. Depending on the basis for the repossession, the consumer may be required to satisfy any liens or encumberances on the…

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