Unlawful repossession

[Wayno]

Jurisdiction

Arizona

1. I was taking fuel to my daughters wo had run out and were at the side of the road. When I arrived the police were already there. I was arrested for a warrant I was not aware of. my BMW X5 was towed to impound. The finance company picked it up from the impound in less ten 30 days and sold it. I had never been late or missed a payment, On my credit report they reported it repossessed on October 31 2023 my next payment wasn't due till November 3 2023. my question is how can they take it from a police impound auction it before I missed a payment?

 

[adjusterjack]

The how is explained by the did.

If you had any equity (value less balance) in the car, the lender owes you some money.

 

[Zigner]

They took it because you allowed it to be impounded. Read your contract.

 

[zddoodah]

how can they take it from a police impound auction it before I missed a payment?

I doubt this the question you intended to ask. Instead, I think you intended to ask:

1. Why did the lender repossess the vehicle?
2. Was the repossession legal?

Needless to say, no one here will know the answer to the first question. I expect you may know the answer. If not, you can call the lender and ask. The answer to the second question depends on the answer to the first question and the terms of your loan agreement.

 

[army judge]

I was arrested for a warrant I was not aware of. my BMW X5 was towed to impound.

What did you learn about the warrant you weren't aware existed subsequent to your arrest and booking into the county jail?

How many payments does the lender claim you were behind on the note?

how can they take it from a police impound auction it before I missed a payment?

Here's a little about the auto repossession process in Arizona.

How Many Payments Can I Miss Without Risking a Repossession in Arizona?
Car repossession laws allow a creditor to repossess a vehicle at any point after the borrower defaults on the loan. A default can result from one or more missed payments, or it can result from the borrower violating other terms of the loan agreement. For example, if you don't carry the required insurance coverage on your car, you may be in default of the loan terms. You can check your car loan contract to see exactly how it defines default.

Will I Be Notified Before the Repossession? How?
Under Arizona law, your creditor doesn't have to notify you before repossessing your vehicle. The lender may send you a late payment notice that includes a reminder of your risk of repossession, but they aren't legally required to do so. Arizona repossessions are allowed to be "self-help," which means they can take place without a court order.