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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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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If you have a car loan, the lender can retake possession of your car after a default by “self-help” repossession. That means the lender does not need to file a lawsuit, but can just send the repossession company to pick up your car upon a default. Self-help repossession, while legal, is a drastic remedy and…

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We receive a lot of inquiries from consumers who have had their cars repossessed before the deadline they verbally agreed to with a representative of the finance company. Often the finance company will defend the repossession on the grounds that they never made the agreement and in any event, the finance contract requires all modifications…

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When you buy a car, your creditor can repossess it without going to court and first obtaining an order allowing for repossession. It’s called “self-help” rights. Contrast the substantial self-help rights of a creditor with the utter lack of rights of consumers to act without a court order. The protections afforded to consumers with respect…

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