Legal Question in Credit and Debt Law in California
California Auto/truck reposessions
We made arrangments to pay half of what we owe, and they (BofA) said they would hold off on taking our car for a week - but I don't exactly trust that it still won't be reposessed, I've heard too many stories otherwise.
My question is that my husband drives a truck during the day so our car is in their gated lot, it's a new job so I don't know if they even have that info, but can a repo person go onto the employer's lot to take the car, or can they only take it from our driveway? Can they take it if I'm at the grocery store with my children?
2 Answers from Attorneys
Re: California Auto/truck reposessions
Get it in writing if you can.
Watch the TV show "Operation Repo." Often as not they beat the crap out of the debtors and drive away with their kids.
Re: California Auto/truck reposessions
What? I am not sure what to think of Attorney Stone's response. They cannot beat you, they cannot take your children with the car - if they do either, call the police immediately. A lot of what you see in these TV shows about Repo Men is bravado of having a camera looking over their shoulders, and many are in eastern states where more aggressive tactics seem to be more prevalent. That being said, the repo agent isn't going to be nice, accomodating or even gentle about taking your car.
The answer to your question is the repo agent can take the vehicle anywhere he can lawfully enter without "breaking & entering." If your husband parks the vehicle on a gated lot, the repo agent cannot gain access to the car, unless the employer voluntarily gives them access. If you are at the grocery store, and they happen to find the car (remember that devices like OnStar can locate your car at virtually any time - I don't know if repo agents can access that information or not), they will take it leaving your children and you needing a ride home. If its in your driveway, or any other driveway not behind a locked fence, garage door or otherwise, its fair game. Best bet is to get the financial end of things settled as soon as possible to avoid repossession all together.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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