In California, hundreds of vehicles are repossessed each day. Fortunately, California requires that finance companies and repossession companies adhere to several laws when repossessing a vehicle.
Oftentimes, these laws are not followed, which provides consumers with remedies against finance companies and repossession agents for unlawfully repossessing vehicles.
If your vehicle was wrongfully repossessed, you could be entitled to compensation. The consultation is free. Win or lose, there is never any out-of-pocket cost to you.
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Wrongful Repossession
There are many ways a lender or repossession company can perform an unlawful repossession. If you feel your vehicle was wrongly repossessed or if you experienced any of the situations below. Give us a call.
Breach of The Peace
Not only must there be a default under the finance contract, the repossession must be completed without a “breach of the peace”. Examples of a breach of the peace include the following conduct in connection with a repossession:
- entering gated, private property to repossess the vehicle;
- using or threatening to use force;
- threatening arrest or other involvement by law enforcement;
- forcing a person to stop his or her car;
Account in good standing
Believe it or not, this does happen. Maybe you were behind and made arrangements with the lender or made a payment to get caught up. The lender then makes a repossession order or fails to cancel an existing repossession order and your car is taken.
Issues with legal title
You buy a car on craigslist and pay cash to a private party. You successfully title and register the vehicle. A month later the car is repossessed. This happens when a lien on title is not set up correctly by the lender or is removed by mistake or fraud.
