Need advice - Illegal Vehicle Repo.

[billbabin]

CALIFORNIA: Repo company illegally entered my gated and locked patio, Permission was not sought nor was it granted. They broke gate to bypass lock and took motorcycle. I filed a police report and arrest warrant was issued by Police Department. Do I have any legal recourse, and how should I proceed?

Thanks.

 

[CdwJava]

CALIFORNIA: Repo company illegally entered my gated and locked patio, Permission was not sought nor was it granted. They broke gate to bypass lock and took motorcycle. I filed a police report and arrest warrant was issued by Police Department. Do I have any legal recourse, and how should I proceed?

Thanks.

The police department did not issue a warrant. If a warrant was issued, it was requested by the District Attorney and signed by a judge of the Superior Court. Are you SURE a warrant was actually issued?

Unfortunately, you aren't going to get the motorcycle back. But, you can sue them for the damage to the gate and maybe even a couple bucks for the trespassing (doubtful ... but, you never know). Given the damage, I suspect that this will be in small claims court and thus any punitive damages for the trespassing will be right out. The cost of filing the case might be greater than the repair cost of the gate. And if found guilty, it is likely that the repo people will be required to pay you back for any damages.

- Carl

 

[billbabin]

Thanks for the reply. The police officer tried to get the repo company to meet him at my house - and of course he wouldn't. The officer said "We'll get a warrant," so I assumed one was issued. Thanks for clarifying this. I guess all I can do is raise hell with the finance company.

 

[CdwJava]

Thanks for the reply. The police officer tried to get the repo company to meet him at my house - and of course he wouldn't. The officer said "We'll get a warrant," so I assumed one was issued. Thanks for clarifying this. I guess all I can do is raise hell with the finance company.

It depends on what he was trying to get with the warrant. If the officer was somehow under the belief that the motorcycle could be turned back over to you (and was making reference to a search warrant), that's not likely to happen. If he was indicating they would try to get an arrest warrant for the suspect(s), that may be possible ... provided the DA agrees.

Keep in mind that the finance company didn't likely send people to your yard. generally they contract with a company (licensed, bonded, and insured) that does repossessions for the finance company. If the personnel from the repo company did something wrong, then the finance company is going to shrug it off saying it is not their problem - you will likely be told to contact the repo company.

- Carl

 

[billbabin]

Thanks, Carl. Even though I owe money on the loan, I feel like I was victimized. It wouldn't feel so bad had the repo guys took the bike fair and square. Not having disposable income to spend on legal fees, I'll complain to the finance company, just for good measure and then file a complaint with the State against the repo company.
Bill