Three Things You Did Not Know About How Repossession Agents in California Operate In the state of California, repo men must work within very definite legal parameters when taking back vehicles.repossession laws (ad) It is essential for both the consumer and the agents to understand these constraints.
The Rights Of A Repossession Agent
Retrieve Vehicles Properly: Repo agents can repossess vehicles from public spaces, or private property (not breaches the peace)? That allows them to repossess public-parked and driveway parked cars as long as they do so in compliance with the law and without resistance.
Go into accessible Areas: they could enter opened refrigerated garages or drives to recover cars undamaged provided that it’ll maybe not create your wake up.
Send consumers a Notice of Seizure: Repossession companies do not have to send consumers a pre-repossession notice, but they must send a Notice of Seizure within 48 hours after the repossession to let them know how they can get their property back and how much it will cost.
Repossession agents are forbidden from:
Do not breach the peace: Repossession agents cannot resort to force, threats or violence. For example, attempting to force entry into a locked area against the owner’s deprivations is a breach of peace and criminal.
Protection for your assets: They are forbidden from inflicting damage or taking personal possession of some of your items during the repossession process. Breaking anything by force would be bad, and because of that it can get the repossession company sued
Get Law Enforcement Help: Agents are not allowed to involve the police during a repo unless there is an immediate threat. If police arrive and step in, it probably means that the peace was disturbed in a way.
Rights Of The Consumer When Facing Repossession
There are rights consumers have that protect them as well during the repossession process.
Protest Verbally: You have the right to verbally protest a repossession and the agent must cease his actions immediatelly.
Recovery of Personal Property: After a repossession, consumers have the right to reclaim any personal property remaining in the vehicle, but are not required to sign a waiverof their legal rights.
The problem is, of course, to find a lawyer and sue — or worse: Stop paying for dental work for their kids and repair bills on their cars so they can afford the down payment.For breach of peace (and each case is different), the repoman has potentially violated several laws in any attempt.
This knowledge will enable consumers to maneuver the complexities of vehicle repossession while safeguarding their rights as well.
