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The sheriff's office can't act without a court order. This is not especially difficult to obtain if the lienholder can show that the lessee (the person who obtained the loan for the property) has defaulted on the loan contract by not making their required payments. Once the judgment has been issued by the court, the lienholder can request the sheriff's office to assist in repossession. The sheriff's office may charge a fee for this service.
Another View: Define "assist." If the SO receives a court order to "assist" in the repossession, that is what they will do. . . ASSIST. They will not physically remove the items by force of arms, or tow a vehicle, nor will they assist in hauling out the lienholders belongings, or the items referred to in the order.
They will be present only to ensure that no breach of the peace takes place. PERIOD
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When does a repossession legally take place in California?
The California Business and Professions Code is very clear on this point. The code states the following: With regard to collateral subject to registration under the Vehicle Code, a repossession occurs when the repossessor gains entry to the collateral or when the collateral becomes connected to a tow truck. You can find out more repossession related laws by checking out the website at mparepos.com. They have a FAQ page that answers all related repossession law questions for the State of California.
If you are avoiding repossession by hiding your car is it still considered repossession?
that's like saying, "I was speeding, the cop couldn't see me cause I had MY eyes closed". If you are in default of the contract, you are liable to be repoed. Simple and to the point. In most states, concealing(HIDING) leined collateral is a FELONY.
Can you register a car that is repossessed?
In some states, most that is at this point. However, most states are also passing or reviewing legislation that would prevent the registration of a vehicle up for repossession, and in some states such as Florida, the registration of any vehicle to a person who has a vehicle up for repossession.
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Is the cosigner of a vehicle liable if the it gets repossessed?
Yes. That is the point of the lender asking for a cosigner. The cosigner will have a repossession showing on their credit as well as the primary lender.
My car was repossessed and they wont give me back the car unless i pay the car off?
that's the point of repossession. you cant pay, they take it away.
