When facing the stressful situation of a vehicle repossession in Los Angeles, knowing your rights and having experienced legal representation is crucial. At internetlawyers.net, we understand the complexities of auto repossession law and are dedicated to advocating for individuals against banks, finance companies, and repossession agencies. Our lead attorney, Alexander B. Trueblood, is a seasoned Los Angeles Auto Repo Lawyer with a proven track record of successfully representing consumers in wrongful repossession cases. As a long-standing member of the National Association of Consumer Advocates, Mr. Trueblood has been recognized as a leading voice in consumer protection, with media appearances on Fox News, CBS News, NBC News, and in the Los Angeles Times.
With extensive experience specifically in California car repossession law, Mr. Trueblood stands out as the state’s most experienced attorney in this niche, having handled more repossession cases than any other consumer lawyer in California. His dedication has resulted in over a billion dollars in settlements for his clients. The repossession industry and their legal teams are well aware of Mr. Trueblood’s reputation, which often facilitates quicker and more favorable case resolutions. Since 1998, Mr. Trueblood has been a pioneer in holding the repossession industry accountable within the California court system, establishing himself as a leading figure in this evolving legal field.
If you require the assistance of a knowledgeable and dedicated auto repo lawyer in Los Angeles, contact our law firm today for a consultation.
Understanding Wrongful Repossession: What Can an Auto Repo Lawyer Do For You?
Wrongful repossession occurs when a lender or repossession agency illegally takes possession of your vehicle. An experienced auto repo lawyer can help you understand if your repossession was wrongful and fight for your rights. Here are some common scenarios we handle at internetlawyers.net:
Car Repo’d When You Own It Outright: Title Issues and Illegal Seizure
Imagine the shock of having your car repossessed when you own it free and clear, with no outstanding loan. This alarming situation often arises from title fraud in the vehicle’s history. Unscrupulous individuals may fraudulently remove a bank’s lien from a vehicle title and then sell the car to an unsuspecting buyer. Subsequently, the bank, without properly verifying the current title, repossesses the vehicle from the innocent owner. Often, after realizing their mistake, the bank will return the car with a simple apology and a request to sign a release. However, as your auto repo lawyer will explain, you may be entitled to compensation for this wrongful action.
Illegal Entry for Repossession (Breach of Peace): Garage Break-ins and Ignoring Objections
A “breach of the peace” occurs when a repossession agency uses illegal methods to take your vehicle. This can include trespassing onto private property or using force or intimidation. Common examples include:
- Garage Break-ins: Repossession agents may attempt to bypass security gates at apartment complexes or gated communities by “piggy-backing” behind other vehicles or even tricking or breaking the gate mechanism to access underground or above-ground parking. Forcible entry, such as breaking locks to access a secured area where your vehicle is parked, is a clear violation. If you have security footage of such an incident, especially apartment security video, it’s important to preserve it and contact an auto repo lawyer immediately.
- Ignoring Objections: If you verbally object to the repossession before the repossession agent has fully hooked up your vehicle, they are legally required to stop and obtain a court order to proceed. However, repossession agents frequently ignore these objections, using intimidation tactics instead. Even when police are called, they unfortunately often misunderstand repossession law and side with the repo agent. This forceful repossession after objection is a breach of the peace, and grounds for legal action with the help of an auto repo lawyer.
Physical Force or Violence During Repossession: Illegal Tactics
Any physical contact or force used by a repossession agent is illegal and constitutes a breach of the peace. Violence of any kind is absolutely prohibited during a repossession. If a repossession agent touches, pushes, or uses any physical force against you, this is a wrongful repossession and you should immediately contact an auto repo lawyer.
Vehicle Damage During Repossession: Holding Agencies Accountable
Repossession agencies are responsible for any damage they cause to your vehicle during the repossession process. Document any damage with photographs and obtain repair estimates. This evidence is crucial when seeking compensation with the assistance of an auto repo lawyer.
Wrongful Repossession Due to Dealer Financing Issues: “Spot Delivery” Problems
A common but often misunderstood situation arises when a car dealership sells you a vehicle but then fails to secure financing as initially promised. The dealership may then pressure you to return the car, using aggressive phone calls and repossession threats. However, under most contracts, the dealership has a strict ten-day window to notify you in writing if the financing falls through and the deal is canceled. If this written cancellation notice isn’t sent within ten days, the car is legally yours, and you are not obligated to return it. This complex situation requires legal intervention, and an auto repo lawyer can help you assert your rights. It’s vital to save voicemails and continue making payments to the dealership during this period, as your contractual obligation is with them, not a potential bank lender.
Denial of Reinstatement After Repossession: Fighting for Your Right to Get Your Car Back
After your vehicle is repossessed, you have a legal right to “reinstate” your loan under the Rees-Levering Act in California, meaning you can catch up on missed payments and get your car back. However, banks and finance companies sometimes illegally deny reinstatement, demanding the full loan balance instead. They may falsely claim reasons for denial, such as alleging you hid the car, misrepresented information on your credit application, or had a prior repossession within the last year. Unless one of these specific exceptions actually applies, you have the right to reinstate. An auto repo lawyer specializing in California repossession law can expertly navigate these complex Rees-Levering Act reinstatement issues and fight for your right to get your vehicle back.
Unreasonable Delays in Vehicle Return After Reinstatement Payment: Demanding Timely Action
Once you have paid to reinstate your loan, the bank is obligated to return your vehicle promptly, typically within a few days at most. Unjustified delays beyond this timeframe, or excuses from the repo company about waiting for bank release, are unacceptable. If you experience excessive delays in getting your car back after reinstatement, contact our auto repossession attorneys to take action.
Fighting Deficiency Balances After Repossession: Challenging Unfair Debts
After a vehicle is repossessed and sold at auction, lenders often pursue borrowers for a “deficiency balance” – the remaining amount owed on the loan after the sale proceeds are applied. Debt collectors will make collection calls, report the debt to credit bureaus, and may even file lawsuits. However, numerous defenses exist against deficiency balances, even if the repossession itself was initially lawful. These defenses often center on the “Notice of Our Plan to Sell Property” that the bank is legally required to send you after repossession. This notice must contain specific information and adhere to strict legal requirements. Our firm specializes in scrutinizing these notices and building strong defenses against deficiency balance claims. If you are facing collection efforts for a deficiency balance, a consultation with an auto repo lawyer to review your notice of sale is essential.
If you are facing any of these wrongful repossession scenarios or need assistance with a car repossession issue in Los Angeles, contact our law firm today for a free consultation with an experienced auto repo lawyer.
FAQ – California Auto Repossession Laws: Answers from Your Auto Repo Lawyer
How much are auto repossession fees in California?
Typical repossession fees in California for vehicle recovery range from $400 to $500. This cost can increase to around $700 for all-wheel-drive vehicles. These repossession fees are in addition to any past-due payments and other charges required to reinstate your loan.
What about vehicle storage fees after repossession?
Repossession agencies in California can legally charge daily storage fees, typically between $25 and $50 per day. However, they are required to send you a written notice disclosing these storage charges. Many repo companies fail to send this legally mandated written notice. If you are billed for storage fees and did not receive a written notice, contact an auto repo lawyer to discuss challenging these charges. Be wary if the bank or finance company itself attempts to charge you storage fees directly, as they rarely store vehicles themselves and are generally not permitted to charge you for storage.
How do I recover personal property after auto repossession in California?
The repossession company is legally obligated to inventory and store any personal items found inside your repossessed vehicle. They must hold these items for at least sixty days. To retrieve your personal property, you must contact the repossession agency to schedule an appointment. Unfortunately, some agencies engage in illegal tactics, such as delaying appointments, requiring you to sign releases before seeing your property, or even outright stealing personal items. Repo agency employees can sometimes be uncooperative and rude during this process. If you encounter obstacles or suspect wrongdoing when trying to recover your personal property, an auto repo lawyer can intervene to protect your rights.
Leased Vehicle Repossession in California: What are the key differences?
Repossession laws differ slightly for leased vehicles compared to purchased vehicles in California. While repossession agencies are still prohibited from breaching the peace (illegal entry, violence, ignoring objections, vehicle damage), leasing companies have different rights regarding reinstatement. Unlike with a car loan, leasing companies are not legally obligated to offer you the option to reinstate your lease and get your car back by catching up on payments. They can demand payment of the entire remaining lease balance to return the vehicle. While some leasing companies may choose to allow reinstatement as a courtesy, it is not common. This means it is significantly more challenging to get your car back after a lease repossession.
Why is the lease balance so high after repossession?
Vehicle leases are structured differently than loans. While monthly lease payments are often lower than loan payments for comparable vehicles, repossession triggers significant financial consequences. Upon lease repossession, you typically become liable for the entire remaining value of the vehicle, which can be a substantial shock to many lease customers. Even after the vehicle is sold at auction, a large deficiency balance is often left owing. However, defenses against these lease deficiency balances may exist, particularly concerning the “notice of sale” provided by the leasing company. Consulting with an auto repo lawyer experienced in lease deficiency cases is crucial to assess your options and potential defenses.
Read More About California Repossession Laws
