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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I told the repo man to leave he would not the police told me

Customer Question

I told the repo man to leave he would not the police told me if I left in my car I would be arrested was the two repo men supposed to be made to leave after I told them to
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

The repo men did not have any obligation to leave just because you told them to. If you are behind on your loan payments, and the lender has a right to repossess (most lenders retain such a right in their auto loan papers - it is a standard term), the lender can repossess your vehicle after sending notice of default, and doing so in any way that does not "breach the peace" (they cannot use force or violence, or break into any locked area of your home or property).

You should be receiving a notice of a right to reclaim the property shortly - this will require you to provide the lender with all past due payments, plus the cost of repossession, or the property will be sold at auction.

If you fail to cure, the lender will auction the auto and use the proceeds to offset your loan balance. If the auction does not bring in enough to pay for the loan amount, the lender has a right to pursue you for the remainder (they can send the amount to collections, or even sue you in small claims court for breach of contract).

You can try to work out a settlement with them short of litigation, if you do, make sure to get any such settlement in writing.