Repossession Law Blog
Voluntary 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…
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