Legal Question in Credit and Debt Law in California

Vehicle Reposessions

9 months ago I moved from NV to CA , it was a work related move. As life would have it my husband lost his job and we fell 6 months behind on car payments. The finance company sent out repo guys to locate me in NV, but couldn't find me. I still had the vehicle registered with NV, so that made it even harder for them to locate me and of course my phone number was changed. They called and stopped by my mother's house and they were so rude to her she would never state where I lived. I never spoke to anyone from the finance company and hoped to have some money to start paying on the loan. Yesterday, I received a message on my cell phone and it was an ''investigator'' for the finance co. he said he was going to the court to petition a ''Writ of Equivocal''? Some type of document giving them the right to claim that the vehicle has been stolen. Is this guy kidding me or what? My name is on the registration and on the insurance. I have the keys and haven't spoken to anyone from that company. As far as they know I have no idea they are looking for the vehicle. Even though I know it's wrong, don't they have to speak with me first before they start getting me arrested? Can they have me arrested? Is this Writ of Equivocal a valid law term?


Asked on 7/15/08, 3:10 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Vehicle Reposessions

I think what you are talking about is a Writ of Replevin which is a court order that says, hand over the car or else you are in contempt of court. If you ever find out a Writ of Replevin was issued, take out the fuzzy dice and the little tree and then give them their car back.

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Answered on 7/15/08, 3:41 am


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