Repossession Law Blog

Take Action for Tax Fairness: Ask Your Senator to Co-Sponsor the End Double Taxation of Successful Consumer Claims Act

March 18, 2021

Sen. Catherine Cortez Masto (D-Nev.) has re-introduced the End Double Taxation of Successful Consumer Claims Act (EDTSCCA), S. 766. If passed, this bill would allow consumers who win their cases to deduct the reimbursed legal expenses awarded to them. The existing tax system, which can make consumers pay taxes on reimbursed fees that they never…

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Do Car Repossessions Violate Stay-At-Home Orders?

March 25, 2020

It seems the answer is, “It may, but it’s unclear.” Looking just at the text of California’s stay-at-home orders, they appear to have precluded repossessions while in effect. By not specifically exempting workers in the collection or collateral recovery aspects of the financial sector as “essential”, the California stay-at-home orders arguably were meant to cease…

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Voluntary Repossessions of Motor Vehicles

March 16, 2020

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…

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Car Repossessions in Garages, Gated Communities or Gated Areas

August 19, 2019

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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