Consumer Rights on Auto Repo in California
- Loan companies don't have to tell Californians in advance that their vehicles have been targeted for repossession. However, companies must inform people by mail or in person that their vehicles have been taken after they're repossessed. That notification must come within 48 hours of the repossession. The time limit is extended to 72 hours if the 48-hour period includes a weekend or holiday. Repossession companies also must send Californians a list of any personal possessions that were inside a vehicle when it was taken and tell them how to retrieve those possessions. Belongings must be retrieved within 60 days.
- Repossession companies can take a vehicle even if it's on private property. However, it's against the law for repossession agents to go into a garage or other enclosed or locked structure without permission from the property owner. Californians who want to get their vehicles back after a repossession must contact the loan company and pay the required fees. Loan companies that intend to sell repossessed vehicles must give the owners at least 15 day's notice before the vehicles are sold. Those who don't claim their vehicles can still be held liable for the balance due on their car loans along with storage fees and other costs connected with the repossession.
- A loan company can refuse to return a repossessed vehicle in some cases. For instance, Californians who hide their cars to prevent repossession or threaten a person who carries out a repossession may be prohibited from retrieving their vehicles. Those who have a car repossessed for a second time in 12 months also may not be able to claim their vehicles. The same is true for a person whose car has been repossessed three times since the vehicle was purchased.
- The auto information website Edmunds notes that some residents in Riverside County, California, avoided the repossession process in 2009 by surrendering their vehicles to the dealerships where they purchased them. However, cars were vandalized before being returned. Leaving a car at a dealership can reduce the amount a dealership can get for a vehicle when it's sold, which leaves less money to apply to the balance owed on the loan. Therefore, the borrower is left with more to pay to settle the debt.
Repossession Notices
Repossession Process
Reclaiming Vehicles
Considerations
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