Here is the information based on California law about the rights of repossession companies:
Entering private property to repossess a vehicle:
According to the California Self-Help Repossession Law (Sections 2981-2984.4 of the California Civil Code), a repossession agency can legally enter private property without permission to repossess a vehicle in certain situations. However, the repossession agency must take reasonable steps to avoid damaging the property or causing a breach of the peace during the process.
Permitted situations:
1. Default in Payment: If a borrower defaults on their loan or lease agreement, the lender or lessor may authorize the repossession agency to enter the private property where the vehicle is located to repossess it.
2. Abandonment: If the borrower abandons the vehicle or leaves it in a public place for an extended period, the repossession agency may be authorized to enter private property to repossess it.
3. Secured Interest: If the vehicle has a valid and perfected security interest in favor of the lender or lessor, the repossession agency may have the legal right to enter private property to repossess it.
Required Actions:
1. Notice of Intent: Before entering private property to repossess a vehicle, the repossession agency must post a written notice of their intent on the vehicle in a conspicuous place. This notice must provide information about the default and the lender's or lessor's right to repossess the vehicle.
2. Avoid Damage and Breach of Peace: During the repossession process, the repossession agency must take reasonable steps to avoid damage to the property or causing a breach of the peace. If entering private property would likely result in damage or conflict, the repossession agency may be required to seek a court order.
In California, if you are concerned about the possibility of your vehicle being repossessed from private property, it is recommended that you consult with a legal professional to gain a better understanding of your rights and options.
In addition, you should be aware of your rights and the requirements placed on repossession companies under the Federal Fair Debt Collection Practices Act (FDCPA). If you believe your rights have been violated during the repossession process, you may be able to seek legal remedies.
