Asked 8/25/2009
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In California, can a repo man enter a closed garage in a apartment complex? In California, is it legal for Repo man to enter apartment complex closed garage to take car? |
Answer 1/7 - Submitted 8/25/2009
California Repossession Case Law:
The right to immediate repossession by a secured party upon default must be effectuated through judicial action rather than self-help if force or threats of force are necessary to secure possession of the collateral without judicial intervention.
Hartford Financial Corp. v. Burns
96 Ca. App. 3rd 591 CA App 1979
Breach of the Peace: Taking the vehicle from driveways, open carports, and parking lots at work is generally allowed. But the repossession company may not:
1) enter a closed or locked garage, or otherwise break and enter any property
2) enter into your house, unless invited
3) damage the vehicle during the repossession
4) threaten or commit violence, or touch anyoyne
5)threaten you with arrest
6)force you to pull over to the side of the road
7)have sheriffs or police present unless the creditor has already sued you and have a court judgments in hand
The creditor does not have to give you prior notice, even if you are just one day late on your payment. However, you are entitled to "reinstate" the contract by paying the past due monthly payments plus any repossession and storage costs; leases don't count
After paying all this inflated crap, you should get your car back and continue your payments as before
The creditor must send you a post-repossession notice which itemizes the amounts due, where to pay, and where to get your vehicle back.
Or you can call the creditor to get this information. The creditor will apply the proceeds of the sale to your loan balance, and you will owe the rest, which is called a "deficiency balance." Many people are shocked that they owe so much after the auction sale, because they do not realize that the auction prices are wholesale prices. most creditors will accept 50% or less of a deficiency balance in full satisfaction of the account. Just get it in writing before paying! You may also have some defenses, such as fraud by the original dealer, or failure to send the post-repossession notice
Answer 3/7 - Submitted 8/28/2009
Answer 4/7 - Submitted 12/13/2010
Answer 5/7 - Submitted 12/13/2010
Not to correct, but in California, an RPCS (Recognized Politically Correct State) it's "In California, MAY a repo man enter a closed garage in an apartment complex?" There are several factors. What if the apartment is buried miles under ground and surrounded by 12-foot-thick steel? What happens if the Repo Man actually LIVES in the apartment complex and he's just coming home from work? And, technically, if the garage is closed, how can he enter unless you mean in a spiritual way.
Answer 6/7 - Submitted 12/14/2010
Answer 7/7 - Submitted 8/15/2011
Many of these answers are correct in certain circumstances but you would have a hard time proving the garage was closed if you didnt have it locked in the first place. If a gate/garage door is open then the car can be taken. The law doesn't say how far open. Do you see how murky it can get?
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