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Repossession
California
Peace

What is the California statute that talks about the breach of peace during the repossession of the car?

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2009-03-25 00:52:16
2009-03-25 00:52:16

The 'law' simply says DO NOT BREACH THE PEACE. The courts on the other hand have added a few fine points to the intepatation. IF the debtor refuses to give you the car, leave; If the debtor tells you to get off the propert, leave; if the car is behind a locked gate/door, leave; basically if the debtor objects in any way, LEAVE. Most repo company trucks are equipped with cameras and recorders to video the proceedings. That protects the agent AND the debtor. The actual California statute states the following: California Commercial Code

Division 9. Secured Transactions

Chapter 6. Default

§ 9609. Secured party's right to take possession after default

(a) After default, a secured party may do both of the following:

(1) Take possession of the collateral.

(2) Without removal, render equipment unusable and dispose of collateral on a debtor's premises under Section 9610.

(b) A secured party may proceed under subdivision (a) in either of the following ways:

(1) Pursuant to judicial process.

(2) Without judicial process, if it proceeds withoutbreach of the peace.

(c) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

HISTORY

(Added by Stats.1999, c. 991 (S.B.45), § 35, operative July 1, 2001.)

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Probably as soon as there is a "breach of the peace" (during the hookup). If it is no longer your car (through default on the loan), you have no right to possess it or prevent its rightful owner from repossessing it.

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Repossession of what? Who? The repo agent?

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Questioner doesn't give their state. Given the description of the act and the type of event during which it occurrred it -sounds- like a misdemeanor criminal offense. (simple assault? - disorderly conduct?)

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The LIENHOLDER is ultimately responsible for anything that happens during a self help repossession.


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