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There are a number of repossession rules and repossession procedures to protect your rights. Bankruptcy will stop repossession and you can even reduce the amount you pay for the vehicle and lower the interest rate depending upon the circumstances. Schedule a FREE PHONE CONSULTATION or FREE OFFICE CONSULTATION and find out if bankruptcy is right for you. 1-877-963-9543
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Ryan C. Wood, Partner
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What A Repo Company Cannot Do
1. They cannot breach the peace by unlawfully fighting in public or challenge another person to fight, or willfully maliciously disturbs another by causing a loud and unreasonable noise, or uses offensive words in a public area that can by the words alone provoke an immediate violent reaction.
2. They cannot unlawfully enter any private building or secured area without the consent of the owner, or of the person in legal possession of the property, at the time of repossession. If the repo company does enter a private building or secured area without permission the fine is $500 for each violation. See California Business and Professions Code Section 7508.2(g)
3. They cannot commit an unlawful assault or battery on any person in the course of repossessing a vehicle. An assault is the unlawful attempt with the present ability to cause a violent injury to another person. A battery is any willful use of force or violence where an actual touching of another person or their property takes place. If there is an assault or battery the fine is $500 for every violation. See California Business and Professions Code Section 7508.2(h)
4. They cannot us the repossessed vehicle or any of the personal effect or stuff in the car that have been recovered for personal use of the repo company. The fine can be only $25 for the first offense and $100 for each additional offense. See California Business and Professions Code Section 7508.2 (b)
5. They cannot sell the vehicle except with written authorizing from the loan company, the legal owner of the car. If the repo company sells the vehicle without proper authorization the fine is only $100 for the first violation and $500 for each additional violation. See California Business and Professions Code Section 7508.2 (c)
6. They cannot hold the money from the sale or auction of the vehicle for more than 10 days.
7. They cannot falsely or imply they represent, are part of or employed by the United States, state, county or a city. This includes the use of a badge, uniform or representing on a facsimile they represent or are part of the government. They cannot represent they are an attorney or a communication is from an attorney. See California Business and Professions Code 7508.3(a-b)
8. They cannot say that not paying the debt will result in you being arrested or sent to prison. They cannot represent that seizure, garnishment, attachment or sale of your property will take place unless the creditor has instructed the repo company to inform you that the creditor intends to do these things. See California Business and Professions Code 7508.3(c)
9. They cannot say or imply that you have committed a crime or some other action with the intent to disgrace you. See California Business and Professions Code 7508.3(e)
10. They cannot represent a written document is from the government or court which creates a false impression as to its source or approval. They cannot represent or implicate a written document is of legal process. They cannot use deceptive forms. See California Business and Professions Code 7508.3(f-i)
With offices in Redwood City, San Francisco, San Jose, Fremont bankruptcy 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, 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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