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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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My son's Tahoe was repossessed with a large amount of

Customer Question

My son's Tahoe was repossessed with a large amount of personal belongings in it (he was moving). He did not receive any written notice of inventory or even where it was located. He got that from the Police Dept. They want over $500 to retrieve it, and said that he cannot take just some pieces, but that it is all or nothing, and he can see the inventory when he is there in person. Can anything be done?
Submitted: 5 months ago.
Category: Legal
Expert:  Maverick replied 5 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Customer: replied 5 months ago.
I understand. I just need info that will do me some good.
Expert:  Maverick replied 5 months ago.

Here is the law that applies. I am reading it now and will be back....

Customer: replied 5 months ago.
I will be driving for a while but when I get back I will follow up, with what I hope will be a positive result. Thank you.
Expert:  Maverick replied 5 months ago.

This law in relevant part states:

(A) Personal property shall be removed and a complete and accurate confidential inventory shall be made. Said items shall be securely stored for a minimum of 60 days. It is required that the repossession agency notify the consumer of this inventory by written notice or by personal service. See 7507.9

2. The repo agency may charge the debtor for storing personal effects under Sections 7507.9 and 9(d). It states in part, "The inventory shall include; an itemization of all personal effects and storage charges that will be made by the repossession agency".

3. The law gives the repossession agency 48 hours to give you a Notice of Seizure that provides you with the name and contact information of both the legal owner and the repossession agency. As shown above you must also be given an Inventory of Personal Effects that includes a list of your personal property in the vehicle when it was taken, as well as information about how to recover your property and the amount of storage fees.

So, YOU SHOULD BE ABLE TO DISPUTE THE $500 CHARGES SINCE THEY DID NOT GIVE YOU PROPER NOTICE. To do that you can show them this law and if they don't adjust the charges to a reasonable amount, you can sue the storage company in court under what is known as a declaratory judgment action and get a court order that states that you only owe XYZ dollars instead of $500.00 because of a lack of proper notice.

Here is the law.

If you want a sample form to use as a go-by to file a declaratory judgment action, please consider accepting my offer for premium services.