Repossession, or the act of a lender taking back a vehicle due to non-payment, is a complex process governed by specific laws in California. Understanding the rights and limitations of both the borrower and the repossession agent is crucial to navigating this situation effectively. In this article, we’ll explore what a repo man can and cannot do when repossessing a vehicle in the state of California.
What a Repo Man Can Do
Enter public property: A repossession agent can enter any publicly accessible place, such as a street, parking lot, or unsecured driveway, to repossess a vehicle.
Repossess without notice: The lender can arrange to have your car repossessed as soon as you miss a payment, without needing to get your permission or tell you in advance.
Repossess without your presence: A repossession agent can take your car whether or not you are present.
What a Repo Man Cannot Do
Breach the peace: Repossession agents are prohibited from using physical force, threats, or intimidation tactics when taking possession of the vehicle.
Enter private property without consent: Repo agents cannot enter a private building, secured area, or gated community with restricted access without permission from the property owner or person in lawful control of the property.
Damage personal property: Repo agents cannot damage your personal property during the repossession process.
After the repossession, the agency must inventory all personal effects found in the vehicle and store them for a minimum of 60 days. The lender must also send you several written notices, including one about how you can get the vehicle back.