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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.
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Can repossession take place on private property?
Yes. If the property is found it can be retreived.
What are repo people allowed to do in California?
In California, repo people, also known as repossession agents, are allowed to repossess a vehicle as long as they do not breach the peace. This means they cannot use force or threats. They must also have a valid repossession order or authorization from the creditor to carry out the repossession.
Can a repossession agent use the permission of a 10-year-old as a legal means to take the vehicle from the garage?
No, a juvenile cannot enter into such an agreement and the repossession agent could be held legally accountable for attempting/taking part in such action.
If you live in one state but your bank is in another which state laws apply when dealing with a repossession?
Generally the laws of the state where the contract was signed take precedence. I disagree. If the car is registered in California and titled in California, and located in California, California law applies. The validity of the debt, late fees, and so on ARE determined by where the contract was signed, but California has specific laws on the procedure for repossession.
Can credit card company take your car in Ohio?
They can take it anywhere; if you haven't paid you bills on it. After 90 days of late bills they order a repossession. Once they find it, it's legally theirs.
What procedures are needed to get repossession stopped?
Depending on the state you reside in the procedure in order to get a repossession stopped is difficult. One of the few ways to stop a repossession is if a "breach of the peace" were to take place such as your car being in a locked garage or a threat of force was issued.
Will Harley dealership repossess when in for service?
Dealerships are not typically recognized repossession agents, however, if you bring in a vehicle for service, and a valid repossession order exists for that vehicle, the delareship may secure the vehicle for the lender so that repossession may take place.
Where does smosh take place?
california
Can a repo take place at your work in Florida?
A repossession can be executed anyplace or time that a person holding the repossession order sees the vehicle in question, as long as the repo man does not violate the law in doing so. That said, Florida law does not restrict repossession according to location.
Where will the next primary election in 2012 take place?
the election will take place in california
What is considered an illegal repossession?
Repossession laws vary from state to state. States also have different provisions for different types of property. You would need to be more specific about the circumstances, the property and the state where the repossession would take place. Your question should be reformed to ask, "Is a repossession under the following circumstances legal"? Asking what is considered an illegal repossession is much too broad a question.
How long does it take for your car to be auctioned after repossession?
depends you should receive a notice in the mail from the lender as to the auction date and place.
