1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Repossession

Discussion in 'Auto Loans & Vehicle Repossession' started by tsmith58, Nov 8, 2019 at 7:29 PM.

  1. tsmith58

    tsmith58 Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    I signed a lease agreement in 2016 for a vehicle in California and the vehicle was repossessed in 2018. I maintained open communication with the finance company in regards to my financial position and inability to pay the full monthly amount. They declined my offer and voluntary repossession and suggested I sell the vehicle. I was unsuccessful in selling the vehicle and soon found out they took measures to repossess the vehicle.

    According to the Department of Consumer Affairs in the state of California, the vehicle was illegally repossessed from a private and secured area. The company that repossessed the vehicle is located in California, however they are no longer licensed and have consolidated with another organization. The company that hired the repossession company is located in Texas and the company that financed the vehicle is located in New York. However, I no longer reside in the state of California.

    1. Do I have a case to recoup cost or expenses associated with the loss of this vehicle?
    2. What are the statue of limitations?
    3. If I have a case, what state do I pursue this in?
    4. Are there additional factors that I must consider? If so, please explain.


    Thank you . . .ts
     
  2. army judge

    army judge Super Moderator

    Messages:
    30,822
    Likes Received:
    4,355
    Trophy Points:
    113

    You have the right to sue anyone to seek any remedy available to you.

    That depends on what remedy you're seeking.
    It also depends on the "theory" of your case.



    According to your recitation of events, I suspect you'd have to pursue the matter in CA.

    Your lease contract provides you with available methods to settle disputes.
    More than likely it limits your ability to pursue dispute resolution to mediation or arbitration.
    If that is what the contract says, you can forget suing anyone before a court fo law.
    You'll have to seek your remedy in arbitration or mediation.
    Read your contract know for sure.

    I just did in my response directly before this response.
     
    tsmith58 likes this.
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,861
    Likes Received:
    1,561
    Trophy Points:
    113

    Exactly how did they get it out of that "private and secured area"?

    Your answer to that has a lot to do with whether you have any recourse.
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    10,547
    Likes Received:
    1,614
    Trophy Points:
    113

    From what you describe I am not sure you could reasonably argue any damages as a result of the reposession.
    The car was a lease and did not belong to you. You were not paying for the car. That the repo may have been done improperly does not mean you have damages. The time to address this was at the time the car was taken, but since the car was not yours there really is no reason to. You have nothing to gain from this.
     
    tsmith58 likes this.
  5. Zigner

    Zigner Well-Known Member

    Messages:
    1,169
    Likes Received:
    629
    Trophy Points:
    113

    @tsmith58 - I'd also like to know the answer to these questions. You've come to the conclusion that the repo was illegal, but it likely was not.
     
    tsmith58 likes this.
  6. tsmith58

    tsmith58 Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    That is what I do not know. It was parked in a gated community that requires a pass code only held by tenants to enter, however, there is no code required to exit. I was asleep, all I heard was the alarm going off and the next thing the car was gone. I contacted the authorities and they said it had been a repossession.
     
  7. tsmith58

    tsmith58 Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Yes that is true, they are the legal owners of the vehicle, however, there is a contract between the borrower and the finance company that requires both parties to abide by. There are also legal laws to protect the consumer and finance company in this matter.
     
  8. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,861
    Likes Received:
    1,561
    Trophy Points:
    113

    Then what the repo man did was wait until somebody drove out and he drove in before the gate closed.

    Might have violated community rules but there was nothing illegal about the repo itself.
     
    tsmith58 likes this.
  9. tsmith58

    tsmith58 Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Might have violated community rules but there was nothing illegal about the repo itself.[/QUOTE]

    Thank you
     
  10. army judge

    army judge Super Moderator

    Messages:
    30,822
    Likes Received:
    4,355
    Trophy Points:
    113


    Gate codes are usually given to local first responder agencies (as in police, fire, sheriff, ambulance/EMT, fire, etc...) by the management of the various communities.

    Those codes aren't all that secret, as residents often give one to pizza/food delivery personnel, FedEx, UPS, USPS, Uber, Lyft, taxi companies, various home delivery services/servicers, school bus drivers, and in some communities people monitor police radios where you can hear the "911" operator relay the codes to police/sheriff as they respond the residences.

    The codes should be secret, but if one person tells another person, the secret is out.

    In many communities "repo" and bail agents obtain those codes through various and sundry ways.
     
  11. justblue

    justblue Well-Known Member

    Messages:
    862
    Likes Received:
    373
    Trophy Points:
    63

    lol....Your post made me think of this old commercial. Hold on to your seat and prepare for a Blast From The Past!!!!


     
    army judge likes this.
  12. army judge

    army judge Super Moderator

    Messages:
    30,822
    Likes Received:
    4,355
    Trophy Points:
    113

    I remember that, too funny!
     
  13. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,111
    Likes Received:
    643
    Trophy Points:
    113

    Please explain exactly what this means. Why did someone from the Department of Consumer Affairs review and opine about your particular situation? Or do you mean that you read something at a website that led you to reach a conclusion of illegality?

    As for your questions:

    1. Unlikely, but depends on how you respond to my questions above and on what exactly happened.
    2. The statute of limitations for breach of written contract is 4 years.
    3. California.
    4. We know no facts about your situation beyond those you shared with us.
     

Share This Page