Repossession Law Blog

Repossessors & The Fair Debt Collection Laws

May 30, 2011

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…

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Repossessions from Gated & Locked Garages

May 12, 2011

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…

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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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