Unlawful Repossession In California

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Summary

Repossession in California doesnt require prior notice, but breaching the peace is prohibited. If repossession occurred before the due date, it might be wrongful. Verbal assurances and ignored payment requests could indicate unfair practices. Consult a local attorney for specific guidance.

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Possible Unlawful Repossession
Hello ****, I'm sorry to hear about your situation. To provide you with more accurate information, could you please tell me in which state this happened? Different states have different laws regarding repossession.
California
Hi ****, in California:
- The lender doesn't need to give notice before repossession.
- However, they can't breach the peace during the repossession.
- You've the right to reinstate the contract if it's the first default within a year.
These are general rules, consult a lawyer for specific advice.
My invoice due date said June 27th. They took it from my private secured garage on June 26th. 1 day early.
Hello ****, in California, if the repossession occurred before the due date on your invoice, this could be considered wrongful. However, it's important to consult with a local attorney to understand the specifics of your contract and situation.
They told me to ignore their emails & I would get a phone call if I got too far behind. I never got A call. No emails or any demands for payment like usual.
Hi ****, it's crucial in California that lenders adhere to the agreed upon terms of the contract. If they deviated from what was agreed, such as notifying you by phone and they didn't, you may have a case. Consult a local attorney for legal advice.
It's not in their contract that they call, but I was told that a dozen times & the calls are recorded for training purposes.
Hi ****, if the lender's representative verbally assured you of phone calls but didn't follow through, and these calls are recorded, these recordings could potentially be used as evidence. However, it's crucial to seek advice from a local attorney to determine the viability of this route.
Their first warning is they threaten to remove computer access to the vehicle. Which is a definite warning sign something is wrong & either pay, call or return the car.
Hi ****, in California, threatening to disable a vehicle's computer system may constitute as a 'breach of peace'. It's essential to consult a local attorney who can help you understand if this action violates your rights under the state's repossession laws.
They threatened that on May *, *. It's August. I still have access, even though I no longer have the vehicle. They never followed through on their threats for me to know something was wrong
Hi ****, if the lender's threats were not followed through, this could be seen as a misrepresentation. However, this largely depends on the specifics of your contract and situation. It's crucial you consult a local attorney for a thorough evaluation. Would you like assistance in finding a lawyer?
They continued to charge me the regular weekly subscription rate, business ad usual, despite my contract allegedly being terminated weeks prior. Another reason I was none the wiser.
Hi ****, in California, charging you after contract termination could be considered unlawful. It's important to consult a lawyer to understand your rights and possible remedies. Would you like help in finding a competent attorney in your area?
But I still had possession of the vehicle. Just my contract was terminated which I was unaware.
Hi ****, if the contract was terminated without your knowledge while you still had possession of the vehicle, this could be a questionable practice. It's crucial to consult a local attorney to understand your rights and possible legal recourse. Would you need assistance in finding a suitable lawyer in California?
I sent messages requesting invoices so I could make payments, to which I got no response. I was chasing them to try and pay. They didn't even send me a past due notice. All I got was a contract termination on May *. A promo offer for a new bundle offer. And a text demanding my response to verify my address so they could send me the registration tags, on June 20th. Then took the car June 26th. Not * emails asking for a payment & ignored my requests to make one
Hi ****, your situation seems complex. In California, ignoring payment requests and not providing a due notice could be considered unfair practices. However, it's essential to review the specifics of your case with a local attorney. Would you like help in finding a suitable lawyer?
As far as breaching the peace, would that include the tow truck driver using a Universal Opener to enter or only like physically breaking a lock, etc?
Hi ****, in California, "breach of peace" includes any acts that provoke disturbances or incite violence. Using a universal opener might be considered breaching the peace if it led to a confrontation or disturbance. Consulting a local attorney will give you a clearer understanding.
What is it if he entered the garage with a universal opener? Just trespassing?
Hi ****, in California, unauthorized entry into a locked garage can be considered trespassing and potentially a "breach of peace" during repossession. However, these matters can be complex and require a local attorney's assessment.
There was no disturbance or confrontation since he snuck in at 5am, before I tried to leave for work at 6am
Hi ****, even if there was no confrontation, unauthorized entry into a private property could possibly be interpreted as a breach of peace or trespassing under California law. However, these interpretations can vary and it's important to consult a local attorney for specific advice and potential recourse. Would you like help finding one?
I spoke with a lawyer & I don't have a video of the tow driver entering the obvious secured building
Hi ****, even without a video, your testimony and any other evidence (like eyewitness accounts, timestamps, etc.) could still be valuable. It's essential to discuss this with your lawyer to see how best to proceed with your case.
The lawyer I spoke to was mean. Like no video, no case.
I'm sorry to hear about your experience, ****. It's important to remember that different lawyers may have different perspectives. Would you like help in finding another lawyer who might be more understanding and supportive of your situation?
I don't want to waste a humans time & why i want to get some advice & that I may have a case before I bother any one else or have a negative experience
Hello ****, based on your situation, you may have a potential case due to possible breach of contract, unfair practices, and potential breach of peace during repossession. However, laws can be complex and interpretations may vary. It might be beneficial to consult another attorney for a second opinion. Would you like help finding a supportive lawyer in California?
Is unfair practices really a thing?
Yes, ****, unfair practices are indeed a thing and are usually governed by Consumer Protection Laws. In California, the Unfair Competition Law (UCL) covers unlawful, unfair, or fraudulent business acts. Consulting with an attorney can provide you with a better understanding. Would you like help finding one?
Is there such thing as premature repo, since they took it a day before it was even due, let alone late? I know CA law they can take if 1 day late. But 1 day early? Before the due date?
Hi ****, "Premature repossession" isn't a legal term, but if repossession happened before your payment was due, it could be considered as wrongful repossession under California law. As always, it's best to seek advice from a local attorney for specific guidance.
Is there a different between unlawful and wrongful repo?
Hi ****, in California law, 'unlawful repossession' refers to a situation where the repossession breaches the law, like trespassing. 'Wrongful repossession' refers to a situation where the repossession violates the terms of your contract, such as repossessing before the due date. Consulting an attorney can clarify these terms in your situation.
What kind of repo does unfair practices fall under?
Hi ****, "unfair practices" can potentially fall under both 'unlawful' and 'wrongful' repossession. If the practices breach the law or violate the terms of your contract, they could be considered either unlawful or wrongful. It's best to consult an attorney to understand these terms in your specific situation.
About the right to reinstate contract... Would I have to have all the past due caught up to be eligible for something like that or could they reinstate my contract & let me make past & current payments.
Hi ****, in California, to reinstate a contract, you generally need to pay all past due amounts plus any applicable fees. However, the specifics may vary depending on your contract. It's essential to consult with a local attorney for accurate information. Would you like help finding a suitable lawyer?
The car was my livelihood. I need the car to make the money. Kind of a catch *.
I understand your predicament, ****. In California, you may have options like "redemption" where you can get the car back by paying the full loan balance and costs. You could also negotiate a "reinstatement" with your lender. Please consult a local attorney for specific guidance. Would you like help in finding one?
It's a car program exclusively for Uber drivers. So they know we can't pay for the car without the car.
I see, ****. That sounds like a challenging situation. California law protects consumers in various ways, but specific programs like yours might have unique terms. It's important to consult an attorney who is familiar with such programs. Would you like assistance in finding one?
Well that's just as far as possible reinstatement & if they would take that unique aspect into consideration as far as working off my past due.. But CA law will still apply to the wrongful repo as far as the due date & secured garage, etc right?
Yes, ****, California law would still apply in your case. It's important to note that wrongful repossession includes instances where the vehicle is taken before the due date or from a secured garage. However, each case is unique, and seeking advice from a local attorney is crucial. Would you like help finding one?
& does estoppel fall under the unfair business practices, telling me to ignore the emails, which included the contract termination that I honestly didn't see, and telling me they call, which they never did.
Hi ****, "estoppel" could potentially fall under unfair practices if the lender's instructions led you to suffer harm, like missing a contract termination notice. However, these cases can be complex and require a local attorney's interpretation. Would you like help finding one in California?
Yes I'm suffering. 6wks lost wages, so far. Since I had no idea, since I didn't get a call, all my stuff was in the car. Prescription glasses, work supplies, garage door opener. $* storage fees they charge & by very limited appt only. & If I can't get a ride, $* round trip for an Uber. Money I don't have and I need money for another car. I'm also in the process of possible eviction of my apt after 24yrs & they knew that & said they put in my file that they can't take my car. I've been a driver for * Years. I know the importance of this.
I'm really sorry to hear about your situation, ****. It indeed sounds very challenging. In California, if you can demonstrate that you've suffered losses due to the lender's actions, you might be able to recover damages. However, it's essential to consult with a local attorney who can guide you through this process. Would you like help in finding a suitable lawyer in California?
& I was proactive. When my phone was temporarily disconnected, I text the car company from my 2nd #, just in case they tried to call, they didn't get a disconnect tone & think I was gone with their car & no way to reach me & report it stolen, etc. I sent that text mid June. * weeks after my contract had already been terminated, but I was none the wiser. & Also clearly not trying to dodge or hide. & They didn't even respond to tell me to call the office. Or to Check my email from the 30th, tell me to return the car. Nothing. I had no idea & no one told me. Even if they didn't make an outgoing call to me, why didn't they atleast respond to my inquiries? Doesn't make any sense.
Hi ****, I understand your frustration. In California, if the lender's actions, or lack thereof, led to confusion or miscommunication, it could be seen as unfair practices. However, it's crucial to consult a local attorney to understand your rights and possible remedies. Would you like help in finding a competent attorney in your area?
Even their own employee that text me on June * about my address to mail the tags, clearly didn't know my contract was terminated either. So how I was supposed to know anything was wrong & getting a text asking about tags & not $ or the car, validate I had nothing to be worried about.
Hi ****, I understand your concern. If the lender's actions led to confusion, it could potentially be seen as a breach of contract or unfair practices under California law. However, each case is unique and requires a local attorney's assessment. Would you like assistance in finding a suitable lawyer in California?
Ok. But the fact that I was told verbally & repeatedly that I can ignore the emails, which they didn't enforce anything they said in them anyway, is valid ?
Hi ****, in California, if the lender told you verbally to ignore the emails and this led to confusion, it could potentially be seen as unfair practices or a breach of contract. However, these matters can be complex and require a local attorney's interpretation. Would you like help finding one?