Legal Question in Consumer Law in Washington

repo of car

do i have to be notified by my auto company if they are going to repo my car.


Asked on 6/19/07, 10:49 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: repo of car

You need to read your contract. What it says is what will control. If there is a clause in there that says the company has to give you notice before they repossess the car, then yes. If it is not addressed in the contract, then no.

The presumption I think is that you know whether or not you are current with the payments. If you are not current then chances are they can come get it.

That said, repo workers cannot "breach the peace" to take your car. If it is parked on the street, they don't have to breach any peace to come get it, but if it is parked inside a building - such as a garage - then they have no right, barring applying for a court order for a writ of replevin - to break into a building to get the car.

To do that the sheriff would have to be with them to keep the peace. If the sheriff is with them ask to see the writ. If the sheriff is not there, don't take legal advice from repo persons, chances are good that they are not lawyers.

Hope that helps. Elizabeth Powell

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Answered on 6/19/07, 10:57 am


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