What are the California laws on car repossession?

Answer 1

See related links for more information.

CHAPTER 11. REPOSSESSORS Article 1. General Provisions ............................... 7500-7500.3 Article 2. Administration ................................... 7501-7501.8 Article 3. Application of Chapter ........................... 7502-7502.6 Article 4. Licenses ........................................ 7503-7503.14 Article 5. Examination ...................................... 7504-7504.7 Article 6. Offices .......................................... 7505-7505.5 Article 7. Registration .................................... 7506-7506.14 Article 8. Conduct of Business ............................. 7507-7507.13 Article 9. Prohibited Acts and Citations .................... 7508-7508.6 Article 10. Disciplinary Proceedings ........................ 7510-7510.4 Article 11. Revenue .............................................. 7511

Texas

TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Texas State Department of Transportation, RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Repossession affidavit (D12-264) if Texas title; out of state repossession affidavits accepted. PLATES: Remain with the vehicle.

Below is an excellent FAQ page detailing repossession laws. It mentions a repo man does not need a license to operate in Texas, but does in Florida. I imagine California requires licensing as well. The first thing to do if your car is repossessed is call your local police department and ask if your car was repossessed, they will have a listing of what cars were repossessed and if yours is on it, the police department will tell you who repossessed it (the dealer, bank, finance company, or private repossesser) and a phone number for contact.

For example, my car was repossessed this morning, I called the local police, and they confirmed the dealer had taken it. I am only a week and a half behind, but that's all it takes.

www.pimall.com/nais/n.repo.htm

Answer 2

I will tell you this as I AM A LICENSED REPOSSESSION AGENT. We do not have to show you or tell you anything. It is a Courtesy if we even hang out long enough to talk to you. The RA Number as mentioned above does not have to be on the Vehicle we are using unless it is an actual Repo Truck, if we are coming after your boat, a trailer, or a motor home for example most likely you wont even see a repo truck. and a Repossession Agent does not have to show you his license. The only persons able to request this information is a LAW ENFORCEMENT OFFICIAL. We will work with you if you work with us. The paperwork from the bank is a confidential agreement between us and the Bank so you have no legal right to see it. If we show you we are once again being courteous. If we let you get your possessions out expect to hand over the keys first, and expect the Agent to skim through your car quickly before they let you in. Many people hide an assortment of weapons in the car ans we will check for our own safety. We are not Heartless we are just doing our jobs. So be nice to the Repo Man and He will Be Nice to you.

More Information:

Well, I'll tell you what I know. The repossession company has to be licensed, their agents have to be licensed and they have to have a licensed qualified manager. If they have the proper licensing, here's how a repo would go: licensed repoman finds vehicle, put a hook on it. Reports it to the local cop shop, debtor comes out, demands that the repoman lets the car go. Repoman says "No, I can't do that" debtor calls cops. Officer shows up, sees a hook on the vehicle. Verifies repomans license number. Cop tells debtor, give the repoman your keys. Now, if anyone that is required to have a license doesn't, well, it would all go the same except instead of the cop telling the cebtor to give up the keys, the cop would be telling the repoman to assume the position and cuff and stuff him. The license that is required is commonly referred to as an "RA" number if you find someone on your property "repossessing" a vehicle, ask him for his RA number. If he can't tell you what it is, he's either an illegal repoman or stealing the car. If he tells you a number, well, just give him the keys and save yourself from the embarassment of the police coming to your house but write down the number he tells you.

Answer 3

When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment. Remember this repossession will stay on your credit for 7 years.

Answer 4

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=07001-08000&file=7500-7500.3 start here