Wrongful Car Repossession Attorneys California

Common Wrongful Repossession Violations

Breach of Peace Violations

Repossession agents frequently use intimidation tactics, threats, or physical force to take vehicles from secured areas like garages or gated properties.

California law strictly prohibits repossession companies from entering private property without permission, removing vehicles from closed garages, or threatening vehicle owners or family members during the repossession process.

Breach of peace violations can result in statutory damages of $4,000 or more per incident, regardless of whether you were behind on payments.

Failure to Provide Required Notices

California law mandates specific written notices before and after repossession, including right to cure notifications that explain past due amounts and reinstatement rights.

Finance companies often deliberately “lose” payment records or fail to credit payments properly, then repossess vehicles without sending legally required notices detailing the alleged default.

When lenders fail to provide proper notice, the entire repossession becomes illegal – potentially making them liable for actual damages plus penalties of up to $25,000 in egregious cases.

Improper Handling of Personal Property

Repossession agencies regularly “lose” or damage valuable personal property inside repossessed vehicles despite legal obligations to inventory and return these items.

California law requires detailed inventory of all personal property and proper notice of how to retrieve belongings, yet repossession companies routinely discard, steal, or deny the existence of items left in vehicles.

The law allows for significant damages for mishandled personal property, including replacement value plus additional compensation for items with sentimental or irreplaceable value.

Illegal Sale of Repossessed Vehicles

Lenders frequently sell repossessed vehicles for far less than market value, often to affiliated businesses, then pursue deficiency balances against consumers.

California requires reasonable notification of sales, commercially reasonable sales processes, and proper accounting of proceeds – requirements commonly ignored by predatory lenders.

When vehicles are sold improperly, consumers can recover the difference between the fair market value and sale price, plus additional statutory damages and elimination of any remaining balance.

Violations During Reinstatement Attempts

California consumers have absolute rights to reinstate loans by catching up on past due amounts plus reasonable repossession fees before the vehicle is sold.

Creditors routinely inflate reinstatement amounts with illegal fees, refuse to accept payments, or create impossible deadlines to prevent consumers from exercising their reinstatement rights.

Each violation of reinstatement rights creates separate legal claims, potentially allowing recovery of the vehicle plus significant monetary compensation even months after the repossession occurred.

How Repossession Companies and Lenders Work Against California Consumers

Repossession agencies deliberately target vehicles during nighttime hours when you’re sleeping, knowing you’ll have minimal opportunity to document their illegal activities.

Lenders intentionally process payments slowly or “lose” payment records, creating artificial defaults they use to justify repossession despite your compliance with payment obligations.

Many finance companies use deceptive accounting practices, applying payments to fees and interest rather than principal, ensuring you remain in perpetual default despite making regular payments.

Repossession agents frequently pose as law enforcement or claim to have court orders when no such authorization exists, intimidating consumers into compliance with illegal repossessions.

Creditors routinely violate California’s prohibition against deficiency judgments on certain auto loans, pursuing court judgments they have no legal right to seek.

Collection agencies purchase deficiency balances for pennies on the dollar, then aggressively pursue payment of the full amount despite knowing the underlying repossession was legally flawed.

Lenders and repossession companies count on consumers’ lack of legal knowledge, knowing that without an attorney, most people will never discover the multiple violations that occurred during their repossession.

How We Help You Fight Against Wrongful Repossession

Emergency Vehicle Recovery Actions

Immediate emergency actions to prevent vehicle sales and preserve evidence when time is critical. We file rapid court interventions to freeze auction processes and secure preservation orders for crucial repossession records and documentation.

Repossession Violation Claims

Comprehensive repossession violation claims addressing breach of peace, failure to provide notice, personal property loss, and reinstatement right violations. We pursue cases involving entry into secured properties, threats, verbal objections, and violations of California’s mandatory 48-hour Notice of Seizure requirements.

Deficiency Balance Defense

Defense against deficiency balance collections, including counterclaims against debt collectors pursuing illegal judgments. We eliminate remaining balances when lenders’ post-repossession notices fail to meet California’s strict Rees-Levering Act requirements and correct improper credit reporting.

Complex Case Representation

Wrongful repossession cases complicated by bankruptcy filings or police officer involvement in the repossession process. We handle cases involving automatic stay violations, chapter 13 reorganization plans, and improper law enforcement assistance during repossessions.

Strategic Litigation Services

Strategic litigation against repeat offender repossession companies and lenders who routinely violate California consumer protection laws. We coordinate actions against systematic violators and participate in class actions that have resulted in hundreds of millions in debt waivers for California consumers.