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I had a horse reposssessed What are my rights Under Californias Reposession Law?

Submitted: 670 days and 18 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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san luis obispo, California

Already Tried:
I only owed 300.00 He said the repossession charges were a ridiculous amount and would not furnish reciepts

Answer

Repossession laws are the same for any vehicle, animal, etc.; read HERE. Basically, when you draw up an agreement to buy or lease an animal you are stating that you will pay according to those terms or forfeit the animal just like you would do a vehicle or other item you were financing. If the agreement stated that should you be late (even one time) that the animal would be reposesed, then it can be. To get the animal back he can charge you late fees, costs of repossession, etc. and if you want the animal back your on.y option would be to pay that or take him to court to argue that he is not within the terms of the written agreement (but this will cost you more than what you owe on the horse). It is not his responsibility to furnish receipts except at the time of payments mad. If you have receipts that he gave you each time you made payments for the animal or if you have copies of checks that you paid him with, credit card receipts, etc. as well as a copy of the agreement showing that you have followed ALL of his requests in the contract, then you would have a hard win. If however, you have all of that and more evidence, then you can file in civil court for him to not only give the horse back, but for court costs, and attorney fees should you decide to retain one. For more information read HERE and HERE (use the pull down menu to select the CIVIL forms). (You will need to file the forms in the county where the sale took place; you can also get the forms from the clerk of court there; if you do not live there, some placed will allow you to mail them in and have a hearing over the phone.) If the amount he is asking for is FAR beyond regular repossession fees, late fees, interests, etc., you may have a case to take to the local police for extortion; read HERE.

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Expert: truthfinder
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Answered: 5/19/2008

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