If you fail to make a payment on your California auto loan as required, you are considered to have defaulted on the loan. Some lenders give you a grace period to catch up on your payments, while others may not; check your contract for details. If you go into default, the auto lender has the right to repossess the vehicle.
Repossession Rights
If you miss even one auto payment in California, your lender may have the right to repossess the vehicle. Repossession terms must be spelled out clearly in the contract; if it says that the lender may repossess after the payment becomes 30 days late, for example, the contract gives the lender that right. Read your contract carefully before signing to make sure you understand what will happen if you miss a payment.
Private Property Exception
As of the time of publication, it is legal for California repossessors to enter private property to repossess a vehicle. Thus, the repossessor may go up your driveway or cross your lawn to repossess the vehicle. However, repossessors may not enter a locked building or fenced-in area without the property owner's permission. Thus, if your vehicle is in a locked garage, the repossessor cannot break the lock to get to your vehicle.
Concealment Prohibition
It is against the law in California, as of the time of publication, for vehicle owners to hide or dispose of their vehicles to stop a repossession. In addition, you cannot interfere with the repossessor doing his job. For example, you can't jump in the car and drive away while the repossessor is attempting to take the vehicle back. If you store your car in a public garage for more than 24 hours, the garage owner must inform the police so that if you are attempting to hide the vehicle law enforcement can stop you.
Required Notifications
The repossessor does not have to notify you or law enforcement before repossessing a vehicle. However, some repossessors will do so anyway so you don't file a stolen vehicle report when your vehicle is repossessed. After the repossession, the repossessor has 60 minutes to contact the nearest law enforcement agency to inform it of the repossession. The repossessor must also notify you in writing of the repossession within 48 hours of repossessing your vehicle. If the repossession occurs on a weekend or other non-mail day, the repossessor has 72 hours to inform you.
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