Legal Question in Real Estate Law in Arizona

Going back to take personal property

I recently had a roommate situation go bad, but thankfully was never officially on the lease. I left on Friday with all of my property (aside from items we agreed would stay). However, since leaving I have recieved several harrassing phone calls and my ex-roommate refuses to pay the car loan (we signed together) as previously agreed upon in contract. It was decided in the contract that I would seize the car if they did not make the payment on time. Payment has lapsed so I need to go by the home to get this car. What are my legal rights, and should I take law enforcement?


Asked on 9/04/07, 5:08 pm

1 Answer from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Going back to take personal property

If the contract provides that upon their failure to make a payment (default) you are allowed to repo the vehicle, then you are within your rights to self-help yourself and repossess the vehicle. If a police officer will accompany, then that would be the best course. However, if the police decline, then you could hire a repo truck to take the vehicle.

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Answered on 9/04/07, 6:19 pm


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