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Wrongful Repossession Claim Guidance
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In California, repossession agencies must store personal property from a repossessed vehicle for at least 60 days. If the 60th day falls on a weekend or holiday, the deadline extends to the next business day. If your belongings were discarded prematurely, document all interactions, file a complaint with the California Department of Consumer Affairs, and consult an attorney for guidance. Contact the California DMV and FTC for additional support.Full Conversation
Hi. I'm in California & this is regarding part of my Wrongful Repossession claim.
Hi C'Leste, I can certainly help with general information on wrongful repossession in California. Could you please provide more details about your situation? For example, when did the repossession occur and what reasons were given for it?
Well the newest advancement today I want to check on involves the tow yard. Is it still CA law they have to store your personal property for 60 days minimum? Are there any exceptions & is it strict?
Hi C'Leste,
In California, repossession agencies are required to store personal property from a repossessed vehicle for at least 60 days. There are exceptions, such as:
- If the property is considered perishable.
- If the property poses a health or safety risk.
Is there anything else specific you need to know about your situation?
In California, repossession agencies are required to store personal property from a repossessed vehicle for at least 60 days. There are exceptions, such as:
- If the property is considered perishable.
- If the property poses a health or safety risk.
Is there anything else specific you need to know about your situation?
Ok. I was under the impression they took my car June 26th. Therefore 60 days lands this Sunday.
Hi C'Leste,
Based on your information, if your car was repossessed on June 26th, the *-day period would indeed end this Sunday. Ensure to retrieve your personal belongings by then to avoid any issues.
Is there anything more specific about your situation that you need assistance with?
Based on your information, if your car was repossessed on June 26th, the *-day period would indeed end this Sunday. Ensure to retrieve your personal belongings by then to avoid any issues.
Is there anything more specific about your situation that you need assistance with?
Sorry was trying to make a paragraph & pressed 'enter' & it sent it. So I called today, Friday Aug 23rd and she said I'm at day *. I explain the Sunday deal & she said they took the car June 25th. Ok, so then my day * would fall on Saturday. She double checks with her Mgr. & Confirms this is Day *. I beg to differ & she counted on a calendar & declares it is my day *. & It's too late to make an apt & my stuff was already discarded. I continue speaking but she'd already hung up on me. Even if they took it on the 25th & not the 26th, 60 days from June 25th is still Sat August *. Making today my day *.
Hello C'Leste,
I understand your frustration with the situation. To clarify, in California, repossession agencies are required to store personal property for at least 60 days. If the car was taken on June 25th, the 60th day would indeed be Saturday, August 24th.
In your case, it seems there is a discrepancy in the counting of days. It might be beneficial to:
*. Document all interactions and dates.
*. File a complaint with the California Department of Consumer Affairs.
*. Consider consulting with a consumer rights attorney for more specific guidance.
Would you like more information on how to file a complaint or find an attorney?
I understand your frustration with the situation. To clarify, in California, repossession agencies are required to store personal property for at least 60 days. If the car was taken on June 25th, the 60th day would indeed be Saturday, August 24th.
In your case, it seems there is a discrepancy in the counting of days. It might be beneficial to:
*. Document all interactions and dates.
*. File a complaint with the California Department of Consumer Affairs.
*. Consider consulting with a consumer rights attorney for more specific guidance.
Would you like more information on how to file a complaint or find an attorney?
So they were wrong or are they allowed to dispose of it a day early?
Hi C'Leste,
Based on the information you provided, it appears that the towing yard may have prematurely disposed of your personal property. The *-day storage requirement should be strictly followed.
To clarify:
- If the car was taken on June 25th, the 60th day would be August 24th (Saturday).
- Disposing of your property on August 23rd (Friday) would be one day early.
Would you like guidance on filing a complaint or finding an attorney?
Based on the information you provided, it appears that the towing yard may have prematurely disposed of your personal property. The *-day storage requirement should be strictly followed.
To clarify:
- If the car was taken on June 25th, the 60th day would be August 24th (Saturday).
- Disposing of your property on August 23rd (Friday) would be one day early.
Would you like guidance on filing a complaint or finding an attorney?
I told her it was Saturday. I wasn't even rude or mad. How are they allowed to make these kinds of mistakes with people's personal property? Why can't they Google it or use an app that counts 60 days for them. & How can she hang up on me knowing they were wrong?
Hi C'Leste,
I'm very sorry to hear about your experience. It sounds very frustrating. To answer your questions:
*. **Why can't they Google it or use an app?**
- Ideally, repossession agencies should have accurate methods to calculate deadlines, but sometimes human errors occur.
*. **How can she hang up on me knowing they were wrong?**
- Hanging up on a customer is unprofessional and should be reported.
Would you like to proceed with filing a complaint or need more information on your next steps?
I'm very sorry to hear about your experience. It sounds very frustrating. To answer your questions:
*. **Why can't they Google it or use an app?**
- Ideally, repossession agencies should have accurate methods to calculate deadlines, but sometimes human errors occur.
*. **How can she hang up on me knowing they were wrong?**
- Hanging up on a customer is unprofessional and should be reported.
Would you like to proceed with filing a complaint or need more information on your next steps?
I'm definitely filing a complaint. My garage door opener, my work supplies, even sentimental items & prescription glasses. Is there a chance she could be bluffing? Do they usually really throw it away that fast? & The fact she thought it was day *. Which means they would've disposed of it yesterday. But she takes the time to count the days herself & confirm w/her mgr? Why, it would be irrelevant if they disposed of it yesterday & go ahead & hang up. I was on hold so long it was closing by the time she said it was day * & I had until the end of the day (3pm) it was *:*. Since it was only * mins & I'd been talking to her since *:*. I asked her if they really got rid of it already in the * mins & she said yes & I guess that's when she hung up. But why even mention no time for an appt if it was already disposed of? & When did they? Yesterday when they thought that was my day * or today. And since it fell on a weekend & they are only open limited hours M-F, was I supposed to have until Monday?
Hi C'Leste,
I'm sorry to hear about your situation. Based on what you’ve shared, your belongings should have been stored until the end of the 60th day, which should be August 24th (Saturday).
I'm sorry to hear about your situation. Based on what you’ve shared, your belongings should have been stored until the end of the 60th day, which should be August 24th (Saturday).
Steps to Take:
*. **Document Everything**: Keep records of all communications and dates.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For specific guidance on wrongful repossession claims.
Would you like details on filing a complaint or finding an attorney?
*. **Document Everything**: Keep records of all communications and dates.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For specific guidance on wrongful repossession claims.
Would you like details on filing a complaint or finding an attorney?
But since they are closed on Saturday, should they have given me until Monday then?
Hi C'Leste,
In California, if the 60th day falls on a day when the business is closed (e.g., a weekend), the deadline typically extends to the next business day. Therefore, you should have had until Monday to retrieve your belongings.
Would you like more information on filing a complaint or finding an attorney?
In California, if the 60th day falls on a day when the business is closed (e.g., a weekend), the deadline typically extends to the next business day. Therefore, you should have had until Monday to retrieve your belongings.
Would you like more information on filing a complaint or finding an attorney?
Typically. Does that leave room for discretion & the tow yard can decide ? Or 60 days minimum & if it's a couple days more due to a weekend, then so be it, they have to hold it?
Hi C'Leste,
In California, the *-day minimum storage requirement for personal property from a repossessed vehicle is strict. If the 60th day falls on a weekend when the business is closed, the deadline typically extends to the next business day. The tow yard should not have discretion in this matter.
Would you like more information on how to file a complaint or find an attorney?
In California, the *-day minimum storage requirement for personal property from a repossessed vehicle is strict. If the 60th day falls on a weekend when the business is closed, the deadline typically extends to the next business day. The tow yard should not have discretion in this matter.
Would you like more information on how to file a complaint or find an attorney?
But why typically & not must or will extend to the next business day?
Hi C'Leste,
I understand your concern. "Typically" is used to describe common practice, but in legal terms, if the 60th day falls on a weekend or holiday, the deadline must extend to the next business day. This is to ensure fairness and compliance with the law.
Would you like more information on filing a complaint or finding an attorney?
I understand your concern. "Typically" is used to describe common practice, but in legal terms, if the 60th day falls on a weekend or holiday, the deadline must extend to the next business day. This is to ensure fairness and compliance with the law.
Would you like more information on filing a complaint or finding an attorney?
Ok, I know how semantics matters in legal matters, so just making sure there wasn't going to be some catch or exception
Hello C'Leste,
I understand your concern about the precise language used in legal matters. The law mandates compliance with the *-day minimum storage requirement. If the 60th day falls on a weekend or holiday, the deadline must extend to the next business day to ensure fairness.
Would you like more information on how to file a complaint or find an attorney?
I understand your concern about the precise language used in legal matters. The law mandates compliance with the *-day minimum storage requirement. If the 60th day falls on a weekend or holiday, the deadline must extend to the next business day to ensure fairness.
Would you like more information on how to file a complaint or find an attorney?
Do most tow yards throw things away immediately? Is there a chance she could be bluffing & if the car company that hired them calls them Monday, they might admit they still have it? To not get sued. I'm already going to sue Ford for the premature repo
Hi C'Leste,
It's possible that some tow yards might claim to discard items immediately but keep them for a short period due to practicalities. Here are your best steps:
*. **Contact the Tow Yard**: Confirm if your items were truly discarded.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For guidance on your wrongful repossession claim.
Would you like more details on filing a complaint or finding an attorney?
It's possible that some tow yards might claim to discard items immediately but keep them for a short period due to practicalities. Here are your best steps:
*. **Contact the Tow Yard**: Confirm if your items were truly discarded.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For guidance on your wrongful repossession claim.
Would you like more details on filing a complaint or finding an attorney?
The due date on my weekly invoice says Due Date June 27th (Thursday) I thought they took the car from my secured garage on June 26th, but according to the tow yard, they took it June 25th
Hi C'Leste,
It sounds like the discrepancy in the repossession date is causing confusion. Here are your next steps:
*. **Document all dates and interactions**: This includes the due date, repossession date, and communications with the tow yard.
*. **Verify repossession date with the car company**: Confirm whether the repossession date is officially June 25th or 26th.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For specific advice on wrongful repossession and property disposal issues.
Would you like more details on filing a complaint or finding an attorney?
It sounds like the discrepancy in the repossession date is causing confusion. Here are your next steps:
*. **Document all dates and interactions**: This includes the due date, repossession date, and communications with the tow yard.
*. **Verify repossession date with the car company**: Confirm whether the repossession date is officially June 25th or 26th.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For specific advice on wrongful repossession and property disposal issues.
Would you like more details on filing a complaint or finding an attorney?
But my point was my due date to pay for the car was Thursday. & They took it Tues/Wed
Hi C'Leste,
I understand your frustration. In California, repossession should not occur before the due date for payment. If your due date was Thursday and the car was taken on Tuesday or Wednesday, this might constitute a premature repossession.
Here are some actions you can take:
*. **Document Everything**: Keep all records including the payment due date, repossession date, and communications.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For specific advice on wrongful repossession and potential compensation.
Would you like more details on filing a complaint or finding an attorney?
I understand your frustration. In California, repossession should not occur before the due date for payment. If your due date was Thursday and the car was taken on Tuesday or Wednesday, this might constitute a premature repossession.
Here are some actions you can take:
*. **Document Everything**: Keep all records including the payment due date, repossession date, and communications.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For specific advice on wrongful repossession and potential compensation.
Would you like more details on filing a complaint or finding an attorney?
What about the DMV & the FTC, too?
Hi C'Leste,
You may also want to consider contacting the DMV and FTC for additional support:
*. **California DMV**: They can provide resources on vehicle repossession laws and your rights.
*. **Federal Trade Commission (FTC)**: They handle consumer protection issues, including wrongful repossession.
Would you like specific contact information for these agencies?
You may also want to consider contacting the DMV and FTC for additional support:
*. **California DMV**: They can provide resources on vehicle repossession laws and your rights.
*. **Federal Trade Commission (FTC)**: They handle consumer protection issues, including wrongful repossession.
Would you like specific contact information for these agencies?
Sure
Hi C'Leste,
Here are the contact details for the California DMV and the FTC:
Here are the contact details for the California DMV and the FTC:
~California DMV
Phone: *-*-*-*
Website: dmv.ca.gov
Phone: *-*-*-*
Website: dmv.ca.gov
~Federal Trade Commission (FTC)
Phone: *-*-FTC-HELP (*-*-*-*)
Website: ftc.gov
Would you like more information on filing a complaint or finding an attorney?
Phone: *-*-FTC-HELP (*-*-*-*)
Website: ftc.gov
Would you like more information on filing a complaint or finding an attorney?
I've called some attorneys, but if you can better help me find one, ok
Hi C'Leste,
I can guide you on how to find an attorney who specializes in wrongful repossession cases in California. Here are some steps:
*. **California State Bar Website**: Use their "Find a Lawyer" tool to search for attorneys by practice area and location.
*. **Legal Aid Organizations**: They often offer free or low-cost legal advice.
*. **Local Bar Associations**: They may provide lawyer referral services.
Would you like specific contact details or more guidance on any of these options?
I can guide you on how to find an attorney who specializes in wrongful repossession cases in California. Here are some steps:
*. **California State Bar Website**: Use their "Find a Lawyer" tool to search for attorneys by practice area and location.
*. **Legal Aid Organizations**: They often offer free or low-cost legal advice.
*. **Local Bar Associations**: They may provide lawyer referral services.
Would you like specific contact details or more guidance on any of these options?
What do I search under on the website to find one who specializes in Wrongful repo?
Hi C'Leste,
To find an attorney specializing in wrongful repossession on the California State Bar website, you can use the "Find a Lawyer" tool and search under:
- **Practice Area**: Consumer Law or Auto Repossession
- **Location**: Your city or county
Would you like the direct link to the California State Bar "Find a Lawyer" tool?
To find an attorney specializing in wrongful repossession on the California State Bar website, you can use the "Find a Lawyer" tool and search under:
- **Practice Area**: Consumer Law or Auto Repossession
- **Location**: Your city or county
Would you like the direct link to the California State Bar "Find a Lawyer" tool?
& I know repo places are shady, but is it common for them to just throw stuff out prematurely & not care? You'd think they keep It a few days& charge you double or something. Are there no consequences for them? & What do I claim? Can I claim emotional distress for this too? Cause they are Rude! Even their yelp reviews are bad. Put me on hold 45min til I hung up, they don't ever answer. Never only have like 1 day available a week.
Hi C'Leste,
I understand your frustration with the towing yard's behavior. Here’s some general guidance:
I understand your frustration with the towing yard's behavior. Here’s some general guidance:
Potential Claims:
- **Wrongful Repossession**: If the car was repossessed before the due date.
- **Premature Disposal of Property**: If your belongings were discarded before the *-day period ended.
- **Emotional Distress**: You might have a claim if their actions caused significant emotional distress.
Would you like more information on finding an attorney or filing a complaint?
- **Wrongful Repossession**: If the car was repossessed before the due date.
- **Premature Disposal of Property**: If your belongings were discarded before the *-day period ended.
- **Emotional Distress**: You might have a claim if their actions caused significant emotional distress.
Steps to Take:
*. **Document Everything**: Including dates, communications, and interactions.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For specific guidance on all potential claims.
Phone: *-*-*-*
Website: dca.ca.gov
*. **Document Everything**: Including dates, communications, and interactions.
*. **File a Complaint**: With the California Department of Consumer Affairs.
*. **Consult an Attorney**: For specific guidance on all potential claims.
Contact Information:
~California Department of Consumer AffairsPhone: *-*-*-*
Website: dca.ca.gov
Would you like more information on finding an attorney or filing a complaint?
Is them throwing my stuff away a big deal or does this happen all the time & they don't care & will just get a fine
Hi C'Leste,
Throwing away personal property prematurely is a big deal and can have legal consequences. Here’s a brief overview:
- **Legal Requirement**: Tow yards must store personal property for at least 60 days.
- **Consequences**: Premature disposal can lead to fines and legal action.
- **Claims**: You can claim for loss of property and potentially emotional distress.
Would you like more information on filing a complaint or finding an attorney?
Throwing away personal property prematurely is a big deal and can have legal consequences. Here’s a brief overview:
- **Legal Requirement**: Tow yards must store personal property for at least 60 days.
- **Consequences**: Premature disposal can lead to fines and legal action.
- **Claims**: You can claim for loss of property and potentially emotional distress.
Would you like more information on filing a complaint or finding an attorney?
Would it be possible they didn't really throw it away, because they wouldn't want to get sued?
Hi C'Leste,
There is a possibility they might still have your belongings to avoid legal repercussions. Here’s what you can do:
*. **Contact the Tow Yard Again**: Politely request a confirmation in writing regarding the status of your belongings.
*. **Document All Interactions**: Keep records of all communications.
*. **Consult an Attorney**: For specific legal advice and possible next steps.
Would you like more information on finding an attorney or filing a complaint?
There is a possibility they might still have your belongings to avoid legal repercussions. Here’s what you can do:
*. **Contact the Tow Yard Again**: Politely request a confirmation in writing regarding the status of your belongings.
*. **Document All Interactions**: Keep records of all communications.
*. **Consult an Attorney**: For specific legal advice and possible next steps.
Would you like more information on finding an attorney or filing a complaint?
But by Monday it will be my last day so in writing would be too late. I just want my stuff, i already have a case over the premature repo & breach of peace. I don't want to have to sue them over this. I just want my stuff. It was just too far & would've cost $* to get it & come back. Hard to have that when they took my livelihood being an Uber driver
Hi C'Leste,
I understand your urgency and frustration. Here’s what you can do immediately:
*. **Call the Tow Yard Again**: Explain your situation clearly and request to speak to a manager.
*. **Contact the Car Company**: Ask them to intervene on your behalf.
*. **File a Complaint**: Quickly file a complaint with the California Department of Consumer Affairs to document this issue.
Would you like more details on any of these steps?
I understand your urgency and frustration. Here’s what you can do immediately:
*. **Call the Tow Yard Again**: Explain your situation clearly and request to speak to a manager.
*. **Contact the Car Company**: Ask them to intervene on your behalf.
*. **File a Complaint**: Quickly file a complaint with the California Department of Consumer Affairs to document this issue.
Would you like more details on any of these steps?
Being Saturday & they aren't open til Monday. Their Mgr is the one who confirmed I was at day *. & Yes I called the car co & told them they have to call the repo place because they will listen to them since they hired them. & They need to tell them they made a mistake & to hopefully not really disposed of it & if they didn't, hopefully they will admit it to them since the repo place won't be rude to Ford.
Hi C'Leste,
I'm really sorry to hear about your situation. Given that it's Saturday and they aren't open until Monday, here are your immediate steps:
*. **Document Everything**: Keep detailed records of all communications, dates, and interactions.
*. **Follow Up with the Car Company**: Emphasize the urgency and ask them to intervene on your behalf first thing Monday.
*. **Prepare a Complaint**: Get ready to file a complaint with the California Department of Consumer Affairs as soon as possible.
Would you like more information on preparing your complaint or finding an attorney?
I'm really sorry to hear about your situation. Given that it's Saturday and they aren't open until Monday, here are your immediate steps:
*. **Document Everything**: Keep detailed records of all communications, dates, and interactions.
*. **Follow Up with the Car Company**: Emphasize the urgency and ask them to intervene on your behalf first thing Monday.
*. **Prepare a Complaint**: Get ready to file a complaint with the California Department of Consumer Affairs as soon as possible.
Would you like more information on preparing your complaint or finding an attorney?