Legal Question in Real Estate Law in California

Can a car be repossess If the first payment is 5 days late


Asked on 7/22/12, 7:49 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd think a repossession after a five-day default on the first payment would be highly unusual, and although probably legal, I'd say also improbable unless there are some additional factors. These might include that the dealer or lender has discovered falsification on the financing application or that the vehicle was used improperly, e.g., in a criminal offense. Have you given us the whole story?

A defaulting buyer must be given an opportunity to reinstate his loan after a repossession, at least where missing the payment is the buyer's only fault.

Civil Code sections 2983.2 and 2983.3 cover the dealer's and the buyer's rights and duties. These sections are part of the Rees-Levering Automobile Sales Finance Act, which starts at Civil Code section 2981.

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Answered on 7/22/12, 2:44 pm


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