Repossession Law Blog
Denial 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…
Read MoreRepossessions from Gated & Locked Garages
A repossessor cannot enter a gated and locked garage without permission of the owner of the car or the property, to repossess a car. There’s no exception to this rule. If a repossession agency takes a car under those circumstances, the agency has committed a breach of the peace and the consumer can sue the…
Read MoreYour Rights Following A Car Repossession
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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