2019 California Repossession Laws

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California Repossession Laws

RepoRant is NOT a legal service and is providing the following for informational purposes only.  This is NOT legal advice and you should always speak directly with a certified California lawyer to help you with any California Repossession Law decisions.

In California, repossession laws are governed very strictly by the BSIS, which is the Bureau of Security and Investigative Services.  They are responsible for issuing licenses for Repossession Companies, Private Investigation and various other areas.  Their primary purpose is to protect consumers and ensure they are working with legitimate companies.

You can go to the BSIS to verify a Repossession Company License.

You can also file a complaint with the BSIS if you feel any laws have been broken in the repossession of your vehicle.

2019 CA Repossession Laws state that your possessions can be recovered under the following conditions:

·        When you have signed an agreement while using the property as collateral for the loan.

·        If you fail to honor the loan agreement terms, then the property may be put up for repossession immediately.

·        The majority of lenders will have you acknowledge this in your loan papers, such as a car loan.

·        The majority of California Repossessions are for common cars and trucks, but can really be any California vehicle that is encumbered with a loan.

·        This could include repossession of RV, Motorcycle, ATV, Boat, or even Airplanes.

·        While CA vehicle repossession companies have many rights under the law to recover your vehicle, they do have to adhere to certain rules limiting how and where they can repossess your property.

·        Agents may not enter your home uninvited to recover your property.

·        Repossession agents may not use violence in any way to recover your vehicles, or other property.

·        Repossessions cannot happen when a repo agent has tricked you into bringing your vehicle into a shop and then taking it after you've left.

·        However, if you bring it in on your own, then the repo agent does have the right to come take your car or truck at that point.

·        Agencies do NOT need to notify you prior to repossessing your vehicle.

·        There does not have to be a court hearing in California in order for a lending company to repossess your car or truck.

·        Mortgage lenders are not able to repossess a house in California.

·        California law requires that homes be placed into foreclosure and then auctioned if the loan cannot be paid.

How to get your California car, or truck repossession back from the repo agency after it has been recovered:

·        Repo laws dictate that a lender must mail all borrowers of a repossessed vehicle a notice stating that you have the right to retrieve (redeem) your car or truck once you have satisfied all of the outstanding issues.

·        The notice from the repo company will inform you of how long you have to redeem your vehicle before it is to be sold at auction.

·        You may be required by the lender to pay off the entire loan amount of the vehicle before getting the car or truck back.

·        California repossession laws do not allow you to file for bankruptcy to avoid recovery of your vehicle.

·        It is always advisable to contact a certified attorney to help you with your decisions related to repo laws.

CA repossession laws allow you to retrieve your personal belongings from your vehicle:

·        The repo company will inform you of how to retrieve any personal items from the vehicle.

·        Repo laws allow repossession companies to remove all loose items from the car or truck and store them at a cost to you.

·        You will be given an appointment with the California repossession company who picked up your vehicle to come redeem your property and/or your repossessed vehicle.

·        If the company does not allow you the opportunity to retrieve your property which was located in your vehicle, then you may contact the lender who you received the loan from and inform them what items you need back.

If you don't pay off the loan for your vehicle, it may be sold at auction:

·        CA repossession laws allow the lender to sell your vehicle at auction if you do not redeem it by their deadline.

·        After the sale of your vehicle, the lender will send you another notice informing you what your repossessed vehicle sold for.

·        The notice will inform you what the balance is between what you owed on the vehicle and what it was sold for at auction.

·        California repossession laws allow the lender to collect the remaining difference from you if the auction price of the car or truck did not cover the full balance of the loan.

You have options under California law if the lender tries to collect the loan balance from you:

·        If the lender sues you for the balance of the loan on your repossessed car or truck, you may have valid defenses and/or counterclaims to what they are suing you for.

·        Be sure to consult a lawyer and review all laws thoroughly.

·        If you find that the lender and/or the California repossession company did not properly inform you via written notice of your rights and deadlines/fees, then you may have a claim against them.

·        Repossession laws also protect you from the unreasonable sale of your vehicle at auction.

·        This means that if your vehicle is sold well under the appropriate auction value, then you may not be responsible for the full balance against your loan.

As always, be sure to contact a certified California lawyer to help you with all California Repossession Laws.

 

 

At RepoRant, we have information on Car Repossessions, Truck Repossessions, SUV Repossessions, as well as RV repossessions, Motorcycle repossessions, ATV repossessions, Personal Watercraft repossessions, and every other type of collateral recovery in California.

 

Time is money and we pride ourselves in helping you resolve your Repossession in California with timely and accurate information. You deserve to know your rights.