Legal Question in Credit and Debt Law in California
Vehicle Reposession Law
I have read several legal reports that state in California it is not required that you send an intent to repossess letter prior to having a vehicle recovered. You must, however give the debtor a 15 day redemption notice, etc. I am not an attorney, but on my own behalf I argue a lot of small claim deficiency balance cases and while I don't have a problem with most judges, a few judges give me a hard time saying I must send out an intent to repo letter before I can reposess a vehicle. My question is as follows: Can you give me the actual California law I can cite in small claims court so I can proove some of these judges wrong when they tell me I can't reposess a vehicle without an intent to repo letter going out first?
1 Answer from Attorneys
Re: Vehicle Reposession Law
It is difficult to prove a negative. You should make yourself familiar with all section of the California Statutes that cover repossession. Small Claims is a Court of Equity and Judges have wide discretion. Therefore, you might wish to send out the notice ahead, to avoid the problem. Alternatively, you might wish to sue in regular, not Small Claims Court.
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