Legal Question in Credit and Debt Law in California
Re: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.
UPDATE: The apartment building and garage is a key-only entry building. Not a doorman facility. I pay a lot of money to live in such an environment. Only residents or the propety manager are allowed to let people into the building and the property manager will not allow anyone to enter to visit a tenant without that tenant's written permission. Even when I request repairs, I have to sign a right to enter release. Also, according to my property the security officer is merely a parking patrol for the common areas of the very large complex (e.g. public guest parking). He does not have the authority to let people into any of the numerous apartment buildings. Basically, the repo people paid him to: (a) let them into the building; (b) escort them to the door of my 2nd story apt and standby as they loudly pounded on my door and yelled threats for 10 minutes; (c) escort them to the gated and locked parking garage; (d) escort them to my car and look on as they remove my personal items; and (e) escorted them out of the gated/locked parking garage. My issue isn't the repo, my issue is that this security guard violated my right to privacy and put my life at risk for whatever amount of money he was paid. That is why I intend to sue him and his employer. Finally, I attempted to file a police report against and was told that because the security officer let them into the building, they had the right to access it provided the security officer had the authority (from the property manager) to do so. He did not have such authority.
1 Answer from Attorneys
In California the work of vehicle repossessors is regulated by the Bureau of Security and Investigative Services. The laws and administrative rules applicable to repossessions is spelled out on the BSIS website; here is the link: http://www.bsis.ca.gov/ There is an on-line ability for consumers to make a formal complaint which will be carefully investigated by BSIS. If the repossessor did not act lawfully and within the standards of the regulatory agency, the repossessor can lose his license temporarily or permanently and be subject to large administrative fines.
If the repossession itself was valid, it is unlikely that there is a good lawsuit on the facts you have recited here. The damages issue alone will be problematic. Bear in mind, also, that the work of repossessors is almost always fraught with drama and conflict. Most repossessors videotape all of their recovery work because they have learned through experience how acutely the anger of the repossessed can result in exaggerated claims and complaints.
Your property manager will have existing policies and procedures that dictate admission of persons such as process-servers, repossessors, private investigators, etc. to the premises. Living in a gated or security situation does not insulate you from these encounters.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
