Legal Question in Credit and Debt Law in California
is it legal to repossess a car from a private and locked apartment garage with the help of a security officer in California at 3:AM. and have the security guard escort you into a private/secured key-only entrance apartment building in order to bang on someone's door and loudly announce they are here to repossess a vehicle. And then the security office escorts repo men to locked and gated garage and watches them remove items for car and take car - all without your permission. Also, car payment had been made, I showed them the receipt. Can I sue the security guard and the company who hired him for invasion of privacy and emotional distress? It seems to me the repo men paid the security guard to get access into my secured building and parking garage. Thanks.
1 Answer from Attorneys
So long as the repossession agent did not unlawfully enter the property, then the recovery is valid. Given that the security guard presumably gave them permission to enter the property, and that s/he had authority to give that permission (which, if they are controlling access to the property, then they likely do) I do not believe you have a case against the repossession agent. Can you sue the security guard and his employer? Anyone who can pay the filing fee can sue anyone for anything they want. Without a lot more facts, it is not possible to opine that you will win, but you can sue them and let a judge decide. The question in my mind, however, is what are your damages - that you did not get to keep a car that the lender had a right to repossess? Might be a tough sell to a judge.
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