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Are you having trouble making your car payments? Find out what auto repossession rights and the auto repossession laws apply to your situation. Bankruptcy will stop the repossession of your vehicles. Schedule a free phone consultation or free office consultation and find out if bankruptcy is right for you. 1-877-963-9543
Meet attorney
Ryan C. Wood, Partner
You Do Not Have the Right to Prior Notice
Before your vehicle disappears from in front of your house the loan company does not have to warn you they are going to repossess the vehicle. If you think you will get a letter in the mail first or a phone call seeking payment one last time it may never come. There is no California law that requires a loan company to provide notice they intent to repossess your vehicle for nonpayment.
You Have a Right to Notice of Sale of Repossessed Vehicle
You must be provided a 10-day notice of seizure and at least a 5-day notice of the intent to sell the repossessed vehicle at public auction. You must be served with a notice of seizure of the vehicle and the intent to sell the vehicle. The notice must also include an inventory of the personal property in the vehicle at the time of repossession. If you do not pick up the personal property within 60 days it could be disposed of by the repossession company.
You Have the Right to Redeem the Vehicle
To redeem the repossessed vehicle you must tender the total amount you are behind plus the costs of the repossession and storing the vehicle. You have the right to do this within 10-days of receiving the notice of seizure or before the sale of the vehicle. There also could be additional expenses from repairs or reconditioning of the vehicle in preparation for its sale.
With offices in Redwood City, San Francisco, San Jose, Fremont and Oakland we represent clients throughout the Bay Area including San Mateo County, Santa Clara County, Alameda County, Contra Costa County, Burlingame, Daly City, Foster City, Half Moon Bay, Millbrae, Pacifica, bankruptcy attorneys in Redwood City, San Bruno, San Mateo, South San Francisco, Cupertino, Gilroy, Los Gatos, Milpitas, Mountain View, Palo Alto, Santa Clara, Sunnyvale, Concord, Danville, Martinez, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Berkeley, Dublin, Hayward, Livermore, Pleasanton, San Leandro and Union City.
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