What is a repossession agent leglly allowed to do?

I am 2 months behind on payment. I have kept my car in the garage. A couple nights ago, a repo guy had come over and said that he knew the car was in the garage and he’d seen it. Not only that, but he threatened to call the cops after we told him to leave the property. He refused. He came at 5 am in the morning, looked around the house with flashlight and came back 3 hours later and knocked on door. Today, he said he called the cops and blocked our driveway so we couldn’t leave for 3 hours. The cops never showed and he ended up driving off. I’m sure he’ll come tomorrow.

Asked on May 22, 2012 under Bankruptcy Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is the unauthorized method of debt collection and his actions may be illegal under the Fair Debt Collection Practices Act, Unfair and Deceptive Trade Practices Act in your state and simply criminal trespassing (if he trespassed onto your property --- make sure where he stepped was indeed your property and not the public right of way or easement). Contact the authorities who license this type of company or contact your local prosecutor's office or the state attorney general. You need to understand he has the right to repossess your vehicle even if you are one day late, so eventually he will be entitled to the vehicle if you do not catch up on your payments.

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