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My car was just repossessed?

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RobertEG
Legendary Contributor

Re: My car was just repossessed?

I believe that CA law permits repo if one day late.  From a quick review of their statute, it appears that such a statement is required to be included in the original loan agreement.  I would check the agreement for that provision.

It would certainly have been prudent business to check the current account status when they showed up for the repo, and forgo the repo if now in good-standing, but I'm unsure if they were required to have done so.

 

The issue thus may be, not whether their repo was proper, but what the state law prescribes as their obligation after the account is brought back into good-standing.

Most likely you would be required to pay the repo/storage fees, but return of the vehicle may have been required if the delinquency was rectified within a certain period.

 

 

Message 11 of 14
ADARPegasus
Established Contributor

Re: My car was just repossessed?

It was a title loan and ok! ive contacted the BBB and the Department of Consumer Affairs already so were gonna see where this goes i have to wait until monday i mean its not like i paid on the day of repo i paid 2 days before they repossessed the vehicle.

Transunion - 788 05/16
Experian - 745 05/16
Equifax - 740 05/16
Message 12 of 14
lazerz69
Contributor

Re: My car was just repossessed?

If this is a title loan you have basically the same rights as if the OC repossessed your car.

 

Specifically, the repossession company must contact you within 48 hours and tell you where to pick up any items they found in your vehicle when they repossessed it. They can charge you for storage of these items.

 

The car title lender has to also contact you about what you need to do to pick up your car. If this was your first repossession and you did not hide your car you have the right to get your car back if you pay the late payments, late fees, the repossession costs and any storage fees.

 

You should speak with a California attorney regarding the repossession.  There may be an issue with them repossessing a vehicle when the account was current.  Even if the company sent out the request for repossession at the time the account became late, (even one day), it appears they still needed to act with due diligence to recall the repossession order.

Message 13 of 14
ADARPegasus
Established Contributor

Re: My car was just repossessed?

Yep thats actually what i was reading because they had the payment 2 days before repossession they had more then 24hrs to recall the repossession and that i can sue them for illegal repossession,  conversion  and breach of contract because California takes these things very seriously.

Transunion - 788 05/16
Experian - 745 05/16
Equifax - 740 05/16
Message 14 of 14
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