Repossession Law Blog

Repossessions from Gated & Locked Garages

May 12, 2011

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

May 9, 2011

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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Car Repossessed, Now What?

November 9, 2010

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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Extension Fees Under Automobile Loans

July 29, 2010

In today’s economy, making monthly payments on a car loan taken out several years ago can be increasingly difficult. More and more, consumers need additional time to make a payment. We sometimes are presented with the question: Can a creditor charge a fee for extending or deferring a payment under an automobile loan? Yes, but…

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