Legal Question in Credit and Debt Law in California

Repossesion legal?

My boyfriend bought a truck a month ago at keys auto sales in Murrieta, ca. We put down a 1995 Mazda 626 and $2500.00 I was expecting a wire to my bank account for child support and I did not receive it. The check we wrote them bounced. Keys demanded the money which I told them I would get to them as soon as I had it. The truck is financed by fireside

Thrift and fully insured last night the dealer from keys came to the house and took the truck I walked out and saw him taking it I yelled stop as I

wanted him to tell me what he was doing he didn�t talk to me got in the truck and drove away we chased him up our driveway but he took off. Now we are being told that even though we have financing and have made a payment that we can not have the truck back and that we have lost our trade in. can he legally take the truck when it is financed by a company and we only owe him 2500.00 on a 13000.00 truck?


Asked on 10/29/03, 2:03 pm

3 Answers from Attorneys
Reza Bavar PISHVAEE & BAVAR

Re: Repossesion legal?

I agree with Siamak Pishvaee. . .

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Answered on 10/30/03, 3:14 pm
Siamak Pishvaee Pishvaee & Bavar

Re: Repossesion legal?

Did they have a security interest in the vehicle? If the dealership is not a lienholder on title they cannot legally take the car. Additionally if you resisted they possibly breached the peace. It sounds like what they did is illegal. You shoud contact the police and hire an attorney

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Answered on 10/29/03, 9:54 pm
Larry Rothman Larry Rothman & Associates

Re: Repossesion legal?

You may have a defense or a case, but it will depend upon your documentation. Please contact our office at 714 363 0220 to set up an appointment to review your documentation and for consultation.

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Answered on 10/29/03, 10:34 pm


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