Law Offices of Brandon A. Block

Law Offices of Brandon A. Block sues companies who unlawfully repossess someone’s property. An unlawful repossession is, among other things, the equivalent of civil theft. It sometimes occurs when the creditor or its agent commits a “breach of the peace”. Examples of a breach of the peace include the following conduct in connection with a repossession: using or threatening to use force, threatening arrest or other involvement by law enforcement, forcing a person to stop his or her car, breaking through a closed or locked barrier (e.g., a garage), or damaging the vehicle.

A wrongful repossession also occurs when a creditor repossesses property without an actual default under the security agreement. If a creditor tells you that you will have additional time to make a payment, the creditor has established a new due date for the payment and cannot repossess your property before then.

The right to repossess property without having to first obtain a court order (i.e., “self-help” repossession) is a privilege. That privilege imposes important obligations on the creditor, including the key requirement of informing the borrower of his or her rights after repossession and prior to selling the property.

We sue companies that fail to comply with California laws following repossession of an automobile. California law provides that the creditor must inform you and any co-signers of the right to reinstate the contract by paying the past due payments and any repossession and storage costs, and the right to redeem the car by essentially paying the contract in full. If you cannot afford to reinstate or redeem the vehicle, it will be sold at auction and the creditor will apply the proceeds of the sale to your loan balance. You will owe the rest, which is called a “deficiency balance”. Always have an attorney review the notice you receive after your car has been repossessed. California law is very strict as to what must be contained in it.

We are very experienced in laws related to repossessions and have pursued and successfully resolved claims for violations of those laws against some of the largest creditors. Please feel free to contact us with your issue.