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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Consumer Protection Law
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Experience:  Extensive experience with contract, debtor/creditor, and consumer law.
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a got a title loan from Az Auto Lenders. I missed my payment

Resolved Question:

a got a title loan from Az Auto Lenders. I missed my payment by five days so they came and took my truck, i know they had the legal right to do that. I went in and paid them in full so now the truck is mine again. My quesitons: (2) the truck was parked on my property, not on public street or parking lot. Is it legal for them in Arizona to take from my property (2) the truck was on the title loan, there was a cabover camper on the truck - external and removable with electric jacks. They came in the middle of the night and drove off with the truck AND the $23,000 camper. I believe that the camper was theft since it was not part of the title loan and not on their paperwork. They could have knocked on my door and asked me to remove it so they could take the truck. What are my legal rights in Arizona?
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  J.Hazelbaker replied 4 years ago.
Unfortunately, it sounds from your description like the repossession was consistent with Arizona law.

A repossession can take place on your property, as long as a closed building is not entered, a locked gate is not opened, or another vehicle is not moved. If they walked up your driveway and got in/towed the vehicle, then they are within the law.

Arizona law does not require them to notify you prior to the repossession. It is a courtesy, if they do.

The camper would be considered personal property. They can take a care if it contains personal property, but they must take care of it. Once the vehicle is repossessed, they must contact you and provide you with an opportunity to collect your personal property.

Please let me know, if you have follow-up questions.
Customer: replied 4 years ago.
who is responsible for contacting me to pick up my personal property .the loan title co or the repo guy? I didn't get any such notice .. just a notice to pay or they would sell my truck
Expert:  J.Hazelbaker replied 4 years ago.
It is both. The repossessor is the agent of the lender. The law requires that your personal property be inventoried, that you be notified of the steps that you need to take to retake possession of that property, and the property must be secured while it is in their possession.

If any of these things did not happen, you can file a complaint with the Arizona Attorney General online at the following link:

http://www.azag.gov/consumer/complaintformintro.html
J.Hazelbaker, Lawyer
Satisfied Customers: 4385
Experience: Extensive experience with contract, debtor/creditor, and consumer law.
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