Repossessions in San Diego
Creditor Requirements in a Repossession
In California, repossession companies and creditors involved with repossessions must comply with certain laws. They are generally allowed to take your vehicle without notice even if you are one day late with your payment. They must, however, send you and any co-signers a post-repossession notice. This must detail your right to reinstate the loan and also contain certain disclosures. Unless you leased the car, you are entitled to recover your car by paying the past due loan amount and any repossession and storage fees. Otherwise, including cases of leasing, you will receive a notice of your vehicle being sold at auction. The amount received at auction - usually less than if you were to make a private sale - is applied to your bill and remaining amount owed is the "deficiency balance."
A repossession company may not:
- Enter your house uninvited
- Threaten to have you arrested
- Threaten or commit violence or make physical contact
- Enter a closed or locked garage
- Damage the vehicle being repossessed
- Contact you while you are driving and force you to pull over
- Have law enforcement officials present, unless they have already sued you
San Diego Debt Relief Lawyer: Defending Your Rights
You do have rights and options in this situation and a San Diego bankruptcy attorney can ensure you are aware of these. An attorney can review your case to check for any violation of your rights and determine your best course of action. At San Diego Legal Pros, we act promptly and aggressively in order to protect your interests. We will review your post-repossession notice; if no notice is supplied or it does not contain all required clauses, the creditor has no right to collect any money from you.
Schedule your complimentary case review today.
Sometimes, unscrupulous creditors demand more than the required payment in order to reinstate your loan. Attempting to charge additional fees or penalties before returning your car is illegal and we can act to defend your rights should this occur. You may have other options, and should act fast to protect your rights and prevent possible wage garnishment.