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The car repossession process is not something you want to experience any time soon. Once you miss payments your vehicle can be taken back. See below for more information or schedule a free phone consultation or free office consultation and find out if bankruptcy is right for you. 1-877-963-9543
Meet our attorneys:
Ryan C. Wood, Partner
Kitty J. Lin, Partner
No Prior Written Notice Required
When you obtain a loan to purchase a vehicle the vehicle can be repossessed if you miss payments. There is usually a grace period to make a payment without having to worry about the repossession of your vehicle. Once you miss a payment your vehicle can be repossessed without prior notice to you though. The company repossessing your car can repossess the vehicle at any time without breaching the peace. See California Penal Code 415. If the vehicle is inside a building or behind gated area access must be provided.
10 – Day Notice of Intent to Sell Repossessed Vehicle
Within 48 hours after repossession, the repossessor must serve the consumer with a Notice of Seizure. The Notice of Seizure may be served by regular mail sent to the last known address of the consumer, and must state the name, address, phone number and legal representative of the repossession agency; the name, address, phone number and legal representative of the creditor; and a statement about regulation of repossession agencies. The Notice must also include an inventory of any personal items found in the vehicle at the time of repossession, and must include information advising the consumer how to reclaim this property. Items not claimed after 60 days may be disposed of by the repossession agency.
After repossession a creditor may keep the vehicle as compensation for the unpaid debt or resell it. In either case, the creditor must inform the consumer. The consumer has the right to demand that the vehicle be sold and that any money received from the sale beyond the amount of the debt be returned to the consumer. If the vehicle is to be sold at a public auction, the consumer must be notified of the date at least five days in advance. In the case of a private sale, the consumer is notified after the sale. However the vehicle is sold, the sale must be conducted in a "commercially reasonable manner" and the price must approximate the vehicle's fair market value. Of course, the creditor also may reinstate the consumer's loan or allow the consumer to buy the vehicle back.
With offices in Redwood City, San Francisco, San Jose, Fremont and Oakland we represent clients throughout the Bay Area including San Mateo County, Santa Clara County, Alameda County, Contra Costa County, Burlingame, Daly City, Foster City, Half Moon Bay, Millbrae Bankruptcy Lawyers, Pacifica, Redwood City, San Bruno, San Mateo, South San Francisco, Cupertino, Gilroy, Los Gatos, Milpitas, Mountain View, Palo Alto, Santa Clara, Sunnyvale, Concord, Danville, Martinez, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Berkeley, Dublin, Hayward, Livermore, Pleasanton, San Leandro and bankruptcy attorneys in Union City.
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