Legal Question in Credit and Debt Law in California

Re: Car Repo

You have a right to notice of sale, 15 days before the sale and within 60 days of repo. If the finance company does not send the notice, then you are not liable for a "deficiency". This means that the finance company cannot sue you for breach of contract. If you do want to obtain possession of the vehicle, you will have to pay impound fees. If, after you obtain possession, you believe the impound fees are too high, you will need to sue the finance company in small claims court or hire an attorney. If the address on your contract of sale does not match your current address, then the finance company has no obligation to notify you unless you notify the finance company in writing of your new address, at least 15 days before the car is sold and within 60 days of repo. Note that the finance company is not requried to serve you by certified mail. All the finance company needs to do is say, "Yeah, it was sent, we don't know why she did not get it." In order to prove you attempted to reinstate the contract (buy back the vehicle), you need to have a paper trail; copies of several letters showing you notified the finance company that you desired to pay what was owed plus any reasonable tow and storage fees.