Legal Question in Credit and Debt Law in California

Hello,

I have was watching the reality TV show "Operacion Repo" the other day and several things struck me as wrong. I am wondering about the following:

-Can a repossession agent enter the private property of a person who doesn't have anything to do with the loan, i.e. a friend of the borrower etc.

-Does a repossession agent have to provide any sort of proof that their presence is legitimate? Otherwise what is to stop a thief from claiming they are a repo agent.

-Can a repossession agent just tackle you and pin you to the ground if you haven't made any threatening/violent actions towards them.

Note I'm not interested in the process of repossession, rather what are the limits on how a repossession agent can behave during a repossession?


Asked on 8/05/09, 6:42 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

It appears that most, if not all, these acts are prohibited and would subject the repossessor and his company to fines and penalties by the Calif. Director of Consumer Affairs. For example, Calif. Business & Professions Code section 7508.2 (g) & (h) prohibit the repossessor from unlawfully entering a private building or secured area without the consent of the legal owner or possessor at the time of repossession, and prohibits committing unlawful assault or battery on another person, among other listed prohibited acts.

I think the incidents depicted on that show are just staged or dramatized.

Larry L. Doan, Esq.

https://www.lawguru.com/cgi/bbs/attyPages/liem.html

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email.

Read more
Answered on 8/08/09, 1:18 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California