Legal Question in Credit and Debt Law in California
repo of motorcycle
my son had a motorcycle reposessed. a collection company is now threatening to take his car , furniture, etc. if he does'nt pay them $4000.00 they have the motorcycle! is this legal?
2 Answers from Attorneys
Re: repo of motorcycle
Other than reporting this on his credit, the collection company can't do anything unless they take the proper steps to sue your son for a deficiency judgment. In most states, household items like furniture would be exempt from judgment enforcement.
The conduct you describe sounds like a violation of the federal Fair Debt Collection Practices Act. I'm sure your son can find a local attorney that would be willing to assert these claims on a contingent fee basis.
Re: repo of motorcycle
They cannot take his car or his furniture. They can only file suit for a deficiency judgment, and then only if they follow the law. This sounds like harassing behavior under the FDCPA. Your son should find an attorney who will help him with this. You can read more about the FDCPA at www.californiadebtblog.com
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