Repossessions
Do Car Repossessions Violate Stay-At-Home Orders?
States have taken actions to combat the spread of the Coronavirus which seem to greatly impact the repossession industry. In California, Governor Newsom signed a stay-at-home order requiring all Californians to stay in their place of residence except as needed to maintain continuity of operations of federal critical infrastructure sectors, including the financial services sector.…
Read MoreVoluntary Repossessions of Motor Vehicles
Consumers sometimes consider voluntary repossessions or surrenders of their vehicles when they are unable to meet their payment obligations under their car notes or loans. A voluntary surrender occurs when the consumer contacts the finance company or lender and makes arrangements to turn over the vehicle. The creditor then may send a repossession company to…
Read MoreCar 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…
Read MoreLicensing 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…
Read MoreDenial 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…
Read MoreRepossessors & 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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