Archive for the ‘car dealer funding’ Category
car dealer insurance 1 comment
conditional sales contracts must meet very specific requirements 3 comments
Under California’s Automobile Sales Finance Act (ASFA),
1 automobile sales contracts must contain certain terms and disclosures
2 for the protection of consumers.
3 In addition, certain provisions of such contracts are required to be prominently displayed in fonts of specified size, and in specified locations and sequences, again for the protection of consumers. On top of that, regulated sales contracts are required to be reproduced as a “single document,”
4 so that the necessary terms and notices may not be concealed from consumers by being shunted to an unseen appendix. The extensive formalities and requirements are mandatory,
5 and a contract that does not substantially conform to the requirements is unenforceable.
6 1 Civ. Code §§ 2981–2984.6. 2 Civil Code section 2982 provides that a conditional sale contract subject to the ASFA must contain disclosures mandated by federal Regulation Z, 12 C.F.R. §§ 226.1– 226.48 (2009).
Regulation Z implements the Truth in Lending Act, which is found at 15 U.S.C. §§ 1601–1667f.
3 See, e.g,. Cerra v. Blackstone, 172 Cal. App. 3d 604, 608 (1985) (“The legislative purpose in enacting the [ASFA] was to provide more comprehensive protection for the unsophisticated motor vehicle consumer.”).
4 Civ. Code § 2981.9 (part of the ASFA). Although our analysis focuses on automobile sales contracts, we note that the same language appears in other consumer sales statutes, and we have no reason to believe that our analysis would not apply to them as well. See Civ. Code § 2985.8 (part of the Vehicle Leasing Act, Civ. Code §§ 2985.7–2994); Civ. Code § 1803.2 (part of the California Retail Installment Sales Act).
5 Civ. Code § 2982(m) states that the required terms “may” be printed according to the specified regulations. However, experts in the field and judicial decisions uniformly construe these consumer-protection rules as mandatory.
See, e.g., Justice William Masterson (Retired), Justice Elizabeth Baron (Retired) & Louise LaMothe, California Civil Practice Business Litigation, § 58:11 (Thomson Reuters 2009); Cynthia L. Fatica, California Transactions Forms: Business Transactions Vol. 5, § 34:33 (Thomson Reuters 2009); Kunert v. Mission Fin. Serv. Corp., 110 Cal. App. 4th 242, 248 (2003).
6 See Kunert v. Mission Fin. Serv. Corp., 110 Cal. App. 4t h at 248.
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Every conditional sale contract subject to this chapter shall be in writing and, if printed, shall be printed in type no smaller than 6-point, and shall contain in a single document all of the agreements of the buyer and seller with respect to the total cost and the terms of payment for the motor vehicle, including any promissory notes or any other evidences of indebtedness.
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A rule of court is not drafted by the Legislature, and the rule at issue in the Alan case pertains to litigant protection, rather than consumer protection in the commercial arena.
We nonetheless find it significant that, in applying ordinary principles of statutory construction to the rule , the Court’s view of the function of the single document requirement was the same as that of the Ninth Circuit in Morgan. And we find both cases relevant to, as well as consistent with, our understanding of the ordinary meaning of the term “single document.”
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Accordingly, we conclude that the single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4”, “2 of 4”, etc.).
Under the provisions of the car buyer bill of rights, all sales, including cash transactions REQUIRE a conditional sales contract from the selling dealer with ALL required disclosures, including the car buyer bill of rights option.
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breaking dmv news…AG issues new opinion paper on conditional sales contracts for car dealers 1 comment
http://ag.ca.gov/cms_attachments/opinions/pdfs/o546_08-804.pdf
TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
EDMUND G. BROWN JR.
Attorney General
No. 08-804
December 31, 2009
THE HONORABLE NOREEN EVANS, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question:
Is the single document requirement for automobile sales contracts satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.)?
CONCLUSION
The single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.).
dmv is moving more online everyday ++ california dmv dealer news no comments
DMV Announces Online Option For Motorists To Reinstate Vehicle Registration
California Department of Motor Vehicles
Media Relations Office
2415 First Avenue, MS F-122, Sacramento, CA 95818
Contact: DMV Media Relations
www.dmv.ca.gov
www.youtube.com/CaliforniaDMV
December 15, 2009
Sacramento — With the addition of two new Internet services launched this past month, the Department of Motor Vehicles (DMV) now offers 15 online applications at www.dmv.ca.gov that allow customers to do business with the department at their convenience. The two newest offerings will assist motorists needing to show DMV proof a vehicle is insured.
“Since 2004, the DMV has increased the number of online services for customers fivefold,” said DMV Director George Valverde. “These new options reduce the time for a vehicle owner to get back on the road after providing proof of insurance.”
Under California law, DMV is notified when a vehicle owner purchases or cancels an auto insurance policy. When coverage for a vehicle doesn’t show up at DMV, the owner receives a warning letter. If coverage still does not appear, the owner will receive a “Notice of Suspension” and the vehicle cannot be driven until new insurance is purchased and a reinstatement fee is paid.
The new services – part of the Vehicle Insurance Program (VIP) – allow customers to submit evidence of financial responsibility and a $14 reinstatement fee. In the past, recipients of such notices could only respond by mail or telephone. The mail and phone options aren’t going away, but the DMV website should provide faster turnarounds and improved convenience. Customers can also use the website to report a vehicle is out of service by filing an “Affidavit of Non-Use” which certifies that an uninsured vehicle is not being driven. Likewise, if the vehicle is put back in use, the owner can remove the affidavit on-line.
Before the end of the year all the services mentioned will also be available through DMV’s automated voice system at (800) 777-0133.
* * * * * * * * * * * * *
Don’t Stand In Line, Go Online! Doing business with the DMV has never been easier. The DMV offers an array of services to customers 24 hours a day, 7 days a week through its Web site (www.dmv.ca.gov), including online appointments for written and drive tests; vehicle registration and driver license renewals, selection of personalized license plates, changes of address and payment of fees via secure debit transactions. Customers can also effect transactions via the telephone by calling (800) 921-1117. For registration and driver license renewals, customers must have their six-digit Renewal Identification Number (RIN) that accompanies their renewal. Automated services are also available at (800) 777-0133.
DMV is a department under the Business, Transportation and Housing Agency, which is under the direction of Secretary Dale E. Bonner. The DMV licenses drivers; maintains driving records; registers and tracks official ownership of vehicles and vessels; investigates auto and identity-related fraud; and licenses car dealers, driving schools, and traffic violator schools.
###
For Media Inquiries Only
dmvpublicaffairs@dmv.ca.gov
PHONE (916) 657-6437
FAX (916) 657-8282
DMV Customer Service Centers
1-800-777-0133
electric cars are on the way +++ are you ready for the next phase ??? no comments
Shelby Super Cars
| Company: | Shelby Super Cars |  |
| Brands: | Ultimate Aero EV | |
| Pricing: | Unknown (Q4 2009) | |
| Range: | 150-200 miles on one charge | |
| Speed: | 208 mph | |
| Batteries: | Unknown Battery Type |
Shelby Super Car’s Aero was already the worlds fastest gas powered production car. As the company behind the Ultimate Aero EV, they also hold the title of the worlds fastest electric powered production car. Featuring twin motors producing a 1,000 HP and 800 lb-ft of torque enabling, it travels 0 to 60 mph in a snappy 2.5 seconds and reaches a top speed of 208 mph. Tesla who?
If you need to ask how much this car will cost, you probably can’t afford it. So what is the point? The point is that this 100% Green supercar becomes a billboard to showcase Shelby’s Green powertrain. This scalable electric power technology has uses ranging from economy and luxury cars, all the way up to trucks and buses. Their SSC’s “Charge on the RunTM” onboard charging system allows for 10 minute full battery recharges on a 220V service.
As great as this charging system sounds, it’s still a far cry from what was mentioned in their July 2008 press release:
The drive train under development will feature a revolutionary power source allowing for extended time between charging intervals with the possibility of several years between charging.
Other than not driving it during that time period, or having some passive charging system like solar, I can’t imagine what their original plans were. Mini nuclear reactors? Still, a another system proposed for electric cars travelling any distance above 40 miles.
The more companies providing competition in the electric vehicle market, the better. Innovation across the board will propel electric vehicles into the mainstream, particulary in the area of battery and charging technology. Call me a skeptic, but I don’t put much trust in the car/oil industries producing real alternative products any time soon without being forced into it. They’ll all have something to display at the autoshows, but good luck actually being able to purchase one at a reasonable price.
Parking Meter
Chargers For Electric Cars
Coulomb Technologies knows mainstream auto manufacturers have plans to begin selling electric cars by 2010. Consumers will need a place to park their vehicles. Currently there is little if any infrastructure design with electric vehicles in mind, but Coulomb plans to solve that problem with their smart charging infrastructure for plug-in vehicles. Electric car owners who park next to one of Coulomb’s ChargePoint Network meters will be able to charge their cars while they sleep, shop, work or eat.
This is a great idea for those who rent an apartment and don’t have their own garage or driveway. Forget the idea of long extension cords. Coulomb envisions a system where vehicle owners subscribe to a monthly service. They would receive a key fob allowing them to park at any available meter. Below is how Coulomb describes a typical user experience:
The subscriber will use a navigation system to find the nearest available charging station. He will park the vehicle next to the Smartlet Charging Station. For 110V charging, the subscriber will swipe a key fob to be authenticated at the station, unlocking the Smartlet access door. After plugging in the cord, the door will lock in a partially open position to secure the cord and begin charging. After charging is complete, the subscriber will scan the key fob again to deactivate the charging station and unlock the access door. The cost of the transaction will be displayed on the charging station. The driver will replace the cord into its original position and can then drive away.
Not everyone who charges their car will need to subscribe. For example, if you rent an electric vehicle, you could make a one time charge payment using a cell phone or credit card to charge a car. Some businesses may offer free charging/parking to entice customers. Employers mighty offer charger parking to their employees as a benefit. Condominium communities could include ChargePoint Network fees with their monthly dues. Since the system uses bi-directional communication, you would only be charged for the electricity used.
The question becomes one of standardization. All electric vehicles will need to use the same 110v/220v recepticle . Just as there is a choice of unleaded or diesel gasoline, there needs to be electrical standards as well. What will happen to those who want to park a non-electric car or have their own portable solar charging kit? Will they be left to fight for the free spots at the mall?
tesla looks to place its new electric car plant in los angeles no comments
City council approves deal
that could land
Tesla electric car factory
near Los Angeles
The council voted unanimously Wednesday to approve an agreement with the owner of the Downey Studios lot to broker a lease deal with Tesla Motors.
The San Carlos-based carmaker has been looking for a location to build its next-generation Model S sedan, which could travel as far as 300 miles on a charge. The car is slated to go into production in late 2011 with a base price of $57,400.
The plant would employ up to 1,500 people at the site of a former NASA manufacturing plant.
Tesla spokesman Ricardo Reyes would not say whether it has chosen Downey as the plant’s location.
DOWNEY, Calif. (AP) — Tesla Motors is close to a deal to build an electric car factory at the site of a former NASA manufacturing plant in this blue-collar city south of Los Angeles, Mayor Mario Guerra said Tuesday.
Guerra said he has called an emergency City Council meeting to approve a memorandum of understanding with Industrial Realty Group, the private owners of the complex. If approved Wednesday, the memorandum could facilitate a lease agreement with the automaker.
“We’re excited by the possibility of Tesla coming here,” Guerra said. “We feel this could become the greenest manufacturing plant in North America.”
The city is involved in the negotiations because it owns 20 acres of the 80-acre complex. Guerra declined to discuss terms of the deal before the council meeting.
Tesla spokesman Ricardo Reyes declined to comment. A call to an IRG official was not immediately returned.
San Carlos-based Tesla, which makes the $109,000 Roadster electric sports car, has been looking for a factory to build its next-generation Model S sedan.
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good car dealer education focuses on zoning approval
good luck tesla
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good car dealer education is the key to dealer success
car dealer license = local zoning approval + surety bond coverage + good dealer education +++ we make it simple for you 1 comment
we are certified dmv dealer education providers
you have the choice of getting a wholesale, retail or autobroker license
following completion of our pre-licensing dmv approved dealer class
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
our car dealer class certificate of completion
allows you to move forward with the dmv inspector
most folks encounter two obstacles to getting a car dealer license:
one is local zoning approval
dmv requires local zoning approval on a form called the OL902
http://www.dmv.ca.gov/forms/ol/ol902.pdf
the other is surety bond coverage
dmv requires a $ 10k bond or a $ 50k bond to become a car dealer
bond amount for wholesale only ( 24 cars or less per year ) is $ 10k
bond amount for retail motorcycles only is $ 10k
bond amount for wholesale above 24 cars per year is $ 50k
bond amount for any other retail car dealer license is $ 50k
your car dealer bond preminum is based on your credit
good credit equals good prices
call sony at 714-677-0843 for an immediate bond quote
a $ 10k car dealer bond starts at $ 300. per year
a $ 50k car dealer bond starts at $ 800. per year
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rex auto man reveals some excellent licensed repo men no comments
Bakersfield California Auto Recovery
State Finance Adjusters
Contact: Jerry or Monica
Phone: (661) 395-1703 Fax: (661) 395-1523
200 Morning Drive, Bakersfield, CA 93306
We offer our clients skip tracing, field investigations, surveillance available, sale of collateral, private repo’s & impounds. We Repo Automobiles, Big Rigs, Trailers, Boats, Motor Homes, Travel trailers and more……
Brentwood California Auto Recovery
Black Diamond Recovery
Phone: 925-516-9360 Fax: 925-516-9361
161 Chestnut Street #8, Brentwood, CA 94513
Email: blackdiamondrecovery@gmail.com
Website: http://blackdiamondrecovery.com/
Black Diamond Recovery is the Northern California leader in property recovery. We offer state of the art recovery systems along with a satisfaction guarantee upon recovery of any property.
Chico California Auto Recovery
North Valley Recovery Service
Contact: Lorrie Owens
Phone: (530) 345-6822
Chico, CA 95927
We have been right here in Chico California since 1975. We are licensed, bonded and insured. We have been members of the American Recovery Association for over 30 years and our field agents are the most experienced around.
Eldorado Hills California Auto Recovery
SKIPBUSTERS
Contact: Brent Hipp
Phone: 800-398-6480 x 243 Fax: (916) 673-3213
Eldorado Hills, CA 95762
Website: http://www.pkwillis.com/
Auto Repossession Agents Across America: Western States – 88 Agents, Midwest States – 71 Agents, Mideast States – 89 Agents, Eastern States – 111 Agents
Eureka California Auto Recovery
Felhaber Repossessions
Contact: Kirk Felhaber
Phone: (707) 498-0106 Fax: (707) 839-1944
Eureka, CA 95519
Website: http://www.northcoastrepo.com/
SERVING NORTHERN CALIFORNIA: HUMBOLDT, DEL NORTE, TRINITY, MENDICINO COUNTIES. PROFESSIONAL AND PROMPT RECOVERY’S, FULLY LICENSED RECOVERY AGENTS – LATEST STATE-OF-THE-ART EQUIPMENT – EXOTIC REPOSSESSION SPECIALTY – PROFESSIONAL SKIP TRACING – SECURE STORAGE FACILITIES
Fontana California Auto Recovery
South Bay Recovery & Transport
Contact: Martin Castellanos
Phone: (310) 762-1511 Fax: (310) 762-1411
P.O. Box 1587, Fontana, CA 92334
We take great pride in delivering very fast, dependable, and honest service. Honesty is always Guaranteed. Send us an assignment today and allow us to prove our abilities. We want your business.
Fremont California Auto Recovery
Active Auto Recovery
Contact: Stacy Truelsen
Phone: (800) 227-2524 Fax: (510) 490-1568
45581 Industrial Place #14, Fremont, CA 94538
Active Auto Recovery services the San Francisco Bay and all of Northern California. We offer fast professional efficient service.
Fresno California Auto Recovery
A.O.C. Adjusters Fresno, Ltd.
Contact: Marci Baker
Phone: (800) 366-9025 Fax: (559) 298-7476
P.O.Box 8160 , Fremont, CA 94538
Website: http://www.aocadjusters.com/
AOC ADJUSTERS began its operations back in Fresno, California in 1969, under the leadership of Jim Darden. In 1982, Mr. Darden took ownership of the company, and continued to deliver the kind of professional results his customers had come to expect.
Pipkin Detective Agency
Contact: R.J. Pipkin
Phone: (877) 730-3532 Fax: (559) 622-8890
Post Office Box 1187, Fresno, CA 93715
Website: http://www.pipkindetectiveagency.com/
PDA is a fully licensed and insured repossession agency, licensed by the State of California. Many of PDA’s clients are financial institutions such as banks, mortgage companies and lending institutions.
Banker Choice Recovery Services, Inc.
Contact: Jimmy Fagrell
Phone: (559) 456-0665 Fax: (559) 346-1442
2710 N. Argyle, Fresno, CA 93727
Website: http://www.pipkindetectiveagency.com/
We take great pride in delivering Fast, Dependable, and Honest service. Honesty is always Guaranteed. Send us an assignment today and allow us to prove our abilities. We want your business.
Garden Grove California Auto Recovery
California Recoveries Company
Contact: Eric Obiedo
Phone: (800) 348-0750 Fax: (714) 554-0250
13912 Nautilus Drive, Garden Grove, CA 92843
Website: http://www.californiarecoveries.com/
Unlike most recovery companies we have on-staff skiptracers with access to valuable databases and information. To accommodate your needs, our employees remain accessible and responsive, with extended flexible work hours. We keep you fully informed of the status of your case, with ongoing verbal and written status reports.
La Verne California California Auto Recovery
Omega Recovery & Transport
Contact: Hector
Phone: (866) 300-5741 Fax: (909) 599-4494
2355 Foothill Blvd., La Verne, CA 91750
Website: http://www.californiarecoveries.com/
We take great pride in delivering Fast, Dependable, and Honest service. Honesty is always Guaranteed. Send us an assignment today and allow us to prove our abilities. We want your business.
Los Angeles California Auto Recovery
Collateral Recovery Services – The Repo Experts
Contact: Wenceslao Diaz
Phone: (562) 907-6710 Fax: (562) 696-8756
P.O. Box 142, Whitter, CA. 90608
mailto:info@repocrs.com
Website: http://www.repocrs.com/
C. R. S. is a California based company specializing in Collateral Recovery. Collateral Recovery Service is a licensed California Repossession Agency serving more than 200 cities in Los Angeles, San Bernardino, Orange and Riverside counties. Collateral Recovery Services was founded in 1976.
Global Protection & Intelligence Inc.
Contact: Kevin Beyer
Phone: (818) 999-9953
Westlake Village, CA 91361
mailto:sales@gpiservices.com
Website: http://www.gpiservices.com/
The Leader in The Protective & Aircraft Recovery Industry. GPI maintains a large staff of male and female Protective Agents that are adaptable to any ethnic, social or formal situation. GPI Agents are highly trained in close proximity protection, etiquette and attire, as well as cultural customs.
Complete Automotive Recovery Service
Contact: Chuck
Phone: 626-443-CARS Fax: (626) 443-1093
9350 Lower Azusa Rd., Temple City, CA 91780
Website: http://www.californiarepossessions.com
We are not only a repossession company that specializes in exacting and elusive subjects, but exceptional skip tracing experts, a full-service towing and transport company, and more.
Marysville California Auto Recovery
Magnum Recovery – Auto Repossessions in Northern California
Contact: Mario McCarthy
Phone: (530) 743-1478 Fax: (530) 743-2568
5949 Lindhurst Ave., Marysville, CA 95901
Magnum Recovery is a Full Service Recovery Agency servicing most of Northern California including Yuba, Sutter, Colusa, Glenn, and western Butte & Nevada Counties.
Oakland California Auto Recovery
Surety Recovery Service
Contact: Kenneth M. Irvin
Phone: (510) 569-1861 Fax: (510) 638-1933
6114 La Salle Avenue Suite # 147, Oakland,California 94611
mailto:suretyrecoveryservice@suretyrecoveryservice.net
Website: http://www.suretyrecoveryservice.net/
Surety Recovery Service assists the Financial Industry,Legal Profession,Small Businesses,Insurance Companies and Individuals with all types of Investigative and Collateral Recovery Services. State of California Private Investigator License Number 17507. State of California Repossession Agency License Number 983.
Sacramento California Auto Recovery
Digital Dog Auto Recovery
Contact: Michael Eusebio
Phone: (916) 235-5265 Fax: (916) 235-5282
3941 Park Drive, Suite 20-309, El Dorado Hills, CA 95762
mailto:info@digitaldog.us/
Website: http://www.digitaldog.us/
Digital Dog Auto Recovery is a full service repossession agency covering most of Northern California, our Corporate Offices are located in El Dorado Hills with regional offices in: Concord, Chico, Fremont, Modesto, Salinas & Sacramento
Profound Recovery Solutions
Contact: Jacquie
Phone: (877) 290-6497 Fax: (916) 273-6576
6750 Folsom Blvd. Ste. 225, Sacramento, CA 95819
Based in Sacramento California Profound Recovery Solutions will find your asset and recover it Nationwide. Use our network of agents for fast dependable service.
San Bernardino California Auto Recovery
Americas Car Catchers
Contact: Rod Wehust
Phone: (909) 794-0800 Fax: (909) 794-2231
P.O. Box 5940, San Bernardino, CA 92412
For over 28 years Americas Car Catchers has repossessed car, trucks motorcycles, boats, semi’s & trailers, motor homes , toy haulers, travel trailers and more. Please call us for fast efficient service.
San Francisco California Auto Recovery
AOC Adjusters
Contact: Clark Beermann
Phone: (510) 782-6841 Fax: (510) 782-9004
P.O. Box 399, Twain Harte, CA 95383
AOC Adjusters services all of San Francisco Bay area to the Sierra Foothills. After 47 years in business we have developed an impeccable reputation and quality service. Services offered: Auto Recovery, Private Investigations & Process Serving
Ventura California Auto Recovery
Ventura County Recovery, Inc.
Contact: Rick Carisio
Phone: (805) 654-1918 Fax: (805) 650-0404
P.O. Box 7884, Ventura, CA 93004
We service: North to Goletta, South to Agoura Hills, East to Simi Valley & West to the Pacific Ocean
San Diego California Auto Recovery
California Recoveries Company
Contact: Rick Torres
Phone: (800) 348-0750 Fax: (714) 554-0250
723-A Olive Ave, Vista, CA 92083
Full Range of Services: Collateral Recovery, Skiptracing, Field Contacts, Field Investigation, Surveillance, Collateral Storage, Collateral Liquidation, Personal Effects Storage, Account Referral, Locksmithing, Transport/Delivery, Account re-assignment throughout U.S.A., Canada and Mexico
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rex auto man reveals significant repo man FAQ’s no comments
QUESTIONS AND ANSWERS PERTAINING TO VEHICLE REPOSSESSIONS
PUBLISHED BY CALIFORNIA ASSOCIATION OF LICENSED REPOSSESSORS
California Association of Licensed Repossessors (CALR) has listed some common questions posed by interested persons. The CALR’s
legal counsel has assisted in framing general answers to some of these questions.
Note references are as follows:
B&P = Business & Professions Code; VC = Vehicle Code; PC = Penal Code; GC = Government Code; CC = Civil Code.
CAUTION: The answers provided in this section are for general reference only and CALR warns that they should not be relied upon as
legal authority. Minor differences in the facts may require different answers.
The law is also subject to change at any time. Therefore,
consult your legal counsel concerning individual problems.
1. Q. What is a “repossession agency” as defined by the State of California?
A. A repossession agency means and includes any person who, for any consideration whatsoever, engages in the repossession
business or accepts employment to locate or recover personal property, including but not limited to, personal property registered under
provisions of the Motor Vehicle Code which is subject to a security agreement (B&P 7500.2).
2. Q. What is not a “repossession agency” as defined by the State of California?
A. The following are exempt from the definition of a “repossession agency:”
1. Banks.
2. Licensed lending institutions.
3. Attorneys performing legal duties.
4. Legal owners of collateral which is subject to a security agreement.
5. Federal, state or municipal officers or employees performing official duties.
6. Persons employed exclusively and regularly by one employer in connection with the affairs of that employer only
and where there exists an employer/employee relationship (B&P 7500.3).
3. Q. Who may legally undertake repossession assignments?
A. Unless exempted pursuant to B&P Code 7500.3, only persons holding a
valid repossession agency license or registration, issued by the State of
California, may engage in the activities of a repossession agency (B&P 7500.3).
4. Q. May a tow service, auto drive away service or transport company, not
specifically licensed as a “repossession agency,” repossess collateral
VOLUNTARILY or INVOLUNTARILY?
A. NO! These businesses are not exempt under B&P Code 7500.3 and would
therefore be in violation relating to unlicensed activity. Violators are
subject to fines of $5,000 and/or one year in the county jail (B&P 7502.1).
5. Q. How may it be determined whether or not a person or agency holds a
valid repossessor’s license?
A. This informational directory includes a numerical list of licensed repossession agencies who are
licensed by the State of California and current CALR members as of January, 2005. Any person may contact the
Bureau of Security and Investigative Services at 400 “S” Street, Sacramento, CA 95814, (916) 322-4000, to deter
mine whether or not a particular person or agency is licensed. Or visit the Bureau’s website at
www.dca.ca.gov/bsis.
6. Q. May unlicensed repossession activity be penalized?
A. Yes! Any person who engages in repossession activity (other than a
licensed repossessor), is guilty of a misdemeanor which is punishable by a
fine of $5,000 or by imprisonment in the county jail for not more than one
year, or both [B&P 7502.1(a)].
7. Q. May a financial institution be penalized for using an unlicensed
repossession agency or person?
A. Yes! Any person who knowingly engages an unlicensed repossession
agency or person to repossess personal property is guilty of a misdemeanor
which is punishable by a fine of $5,000 or by imprisonment in the
county jail for not more than one year, or both (B&P 7502.2).
8. Q. At what point has a motor vehicle been legally repossessed?
A. With regard to collateral subject to registration under the Vehicle Code, a
repossession occurs when the repossessor gains entry to the collateral, or
when the collateral becomes connected to a tow truck (B&P 7507.12).
9. Q. May a repossessor lawfully enter any area for purposes of
repossession?
A. Yes, with the exception of a private building which means and includes
any dwelling, outbuilding, other enclosed structure or any secured area
which means and includes any fenced and locked area. Entry into these
areas with the consent of the owner or person in legal possession is
permissible [B&P 7500.1(s)].
10. Q. When may a vehicle secured by a contractual agreement be
repossessed?
A. Normally, only when the buyer has defaulted in the performance of any
obligation under the contract. Ordinarily a default occurs when an
installment payment is delinquent. However, if the consumer is required
by the contract to maintain insurance, a failure to do so may constitute a
default, as allowing the collateral to be jeopardized (CC 2983.3).
11. Q. Is police notification required prior to an attempted repossession?
A. No. Some jurisdictions, however, request a courtesy call prior to a
repossession to eliminate the possibility of a repossessor being stopped at
gunpoint in the event someone telephones in a report of a stolen vehicle
or a prowler.
12. Q. Is a police report required on all repossessions?
A. Yes. Whenever possession is taken of any vehicle by or on behalf of any
legal owner thereof under the terms of a security agreement or lease
agreement, the person taking possession shall:
a) notify, within one hour after taking possession of the vehicle, and by the most expeditious means available, the city police department
where the taking of possession occurred, if within an incorporated city, or the sheriff’s department of the county where the taking
of the possession occurred, if outside an incorporated city, or the police department of a campus of the University of California or the
California State University, if the taking of possession occurred on that campus, and shall within one business day forward a written
notice to the city police or the sheriff’s department.
b) any person failing to notify the city police department, sheriff’s department or campus police department as required by this section is
guilty of an infraction, and shall be fined a minimum of $300 and up to $500. The district attorney, city attorney, or city prosecutor shall
promptly notify the Bureau of Security and Investigative Services of any conviction resulting from a violation of this section (VC 28).
13. Q. May a licensed repossessor accept an assignment to repossess from a
registered owner?
A. Yes. Assignment also means an authorization by the registered owner to
recover collateral registered under the Vehicle Code where an
employer/employee relationship exists or existed between the registered
owner and the possessor of the property and the possessor is wrongfully in
possession of the property [B&P 7500.1(0)].
14. Q. Must licensees make condition reports of repossessions?
A. Yes. Repossession agencies are required to keep and maintain adequate
records of all transactions including condition reports reflecting the
condition of a vehicle at the time of repossession and its odometer
reading (B&P 7507.3).
15. Q. What is to be done with personal effects or other personal property?
A. Personal property shall be removed and a complete and accurate inventory
shall be made. Said items shall be securely stored for a minimum of 60
days. It is required that the repossession agency notify the consumer of
this inventory by written notice or by personal service within time limits
prescribed by law (B&P 7507.9).
16. Q. What is to be done with deadly weapons contained in or on collateral
at time of repossession?
A. Deadly weapons and dangerous drugs shall be turned over to a local law
enforcement agency for retention. These items shall be entered on the
inventory and a notation shall be made as to the date, time and place the
deadly weapon or dangerous drug was turned over to the law enforcement
agency. Areceipt from the law enforcement agency shall be maintained in
the records of the repossession agency [B&P 7507.9(b)(1)].
17. Q. What is to be done with combustibles after being removed from a repossession?
A. Combustibles shall be inventoried and noted as “disposed of dangerous
combustible” and disposed of in a reasonable and safe manner [B&P
7507.9(b)(2)].
18. Q. Is it a crime to conceal a motor vehicle or other collateral?
A. Yes. Any person in possession of collateral who conceals property with
the intent to defraud a creditor may be guilty of a felony (PC 154, 504a
or 538).
19. Q. May a repossession agency charge a fee for storing personal effects
(referring to inventory of effects from a repossession)?
A. Yes. A licensee may charge the debtor for storing personal effects since
B&P Code 7507.9 and 9(d) states in part, “The inventory shall include…
an itemization of all personal effects and storage charges that will be
made by the repossession agency.” A licensee may not charge a legal
owner for storage of personal effects unless specifically agreed to at the
time of the assignment or at a subsequent time.
20. Q. When a vehicle has been impounded by a public agency, who should
notify the legal owner?
A. Within 48 hours of the storage, unless the vehicle is in a vehicle abatement
program, or abandoned, the public agency is required to notify both legal
and registered owners [VC 22852(a)].
21. Q. What is the maximum amount a repair garage may charge on a repair
or storage to a legal owner?
A. On work or services performed, up to $750 is allowed and the garage must
have permission from the legal owner to exceed that amount [CC3068(c)].
Storage is allowed up to $400 for a vehicle under $4000 in value and $500
if the vehicle is valued over $4000 [CC 3068(c)]. There are also a requirement
to notify the legal owner by the 16th day of possession if storage fees
are charged and if legal owner is not notified, storage is limited to 15 days
(VC 10652.5 and CC 3071 & 3072).
22. Q. Are there any reporting requirements when a vehicle is stored in a
private building?
A. Yes. Every person other than the keeper of a garage renting any private
building used as a private garage or space, therein, for the storage of a
vehicle of a type subject to registration under this code, when the
agreement to rent includes only the building or space therein, shall, within
24 hours after the vehicle is stored therein, report such fact together with
the name of the tenant and a description of the vehicle, including the name
or make, the VIN and the license number to the sheriff’s office of the
county or the police department of the city wherein the building is located.
“Private garage” as used in this section does not include a public warehouse
or public garage (VC 10654).
23. Q. What can happen to a tow company if the legal owner is not notified?
A. Under Civil Code Section 3070, a legal owner has a right to accuse the
tow company of “improperly causing a vehicle to be towed.” If the tow
company tries to collect storage over 15 days when VC 10652.5 is
violated. A notice must be sent to the legal owner by the 16th day of
possession in order to collect over 15 days of storage fees [CC 3070(d1),
(d2), (A)].
24. Q. Are there limits on the number of days storage can be charged by lien
holders?
A. Yes, Civil Code 3068.1 limits public agency and private tows to a certain
number of days chargeable for storage. A vehicle under $4000 in value
shall not accrue storage charges beyond the 15th day unless lien sale
proceedings have commenced. If the lien is filed by the 15th day of
possession, the storage is limited to 60 days. This would include a required
notice to be signed by the legal owner before the 16th day of possession
(VC 10652.5). A vehicle with a value over $4000, the lien sale shall
commence by the 30th day of storage and allowing the storing party to
collect for storage up to 120 days. If the lien sale commenced after 30
days, 60 days of storage, then Vehicle Code 10652.5 applies and the
storing party may only collect up to the 16th day of storage.
25. Q. May a repossessor’s tow vehicle be cited by law enforcement for
violations of Vehicle Code sections 25253(a), 27700, or 27907, which
all pertain to a tow truck?
A. No. Vehicle Code sections 615(a) and (b) (definitions of “tow Trucks”)
states a “tow truck” does not include a “repossessor’s tow vehicle.”
26. Q. Must a repossessor’s tow truck be equipped with signs on the door of
the truck and other requirements?
A. No. A person licensed as a repossession agency pursuant to the B&P Code
(commencing with Section 7500), or a registered employee of the agency
may use the state issued repossession license number in lieu of a sign
containing a name, business address, and telephone number (VC 27907)
27. Q. May a law enforcement officer force a repossessor to give up
possession of an automobile or property?
A. Peace officers may not advance or hinder repossessions. Because they are
acting under “color of State law.” They may no more force a debtor to
surrender a car than they may, after a car has been repossessed, force the
repossessor to return it. Without a court order, both things violate the “due
process” requirements of the 14th Amendment of the United States
Constitution and Article 1, Section 13 and 15 of the California
Constitution.
28. Q. Should a repossessor have a police officer accompany him/her on a
repossession?
A. Self-help repossession provisions of UCC 9-609 do not violate the
Fourteenth Amendment if it is the conduct of a private individual dealing
with a private individual. However, the presence of a police officer or a
patrol car accompanying a repossessor has been found by several courts to
constitute “color of law” and has taken the repossession out of the area of
“purely private conduct without state assistance.” Do not take a sheriff or
Police officer out on a self-help repossession.
29. Q. Must a debtor pay a fee (normally $15) to a police department or
Sheriff’s department before redeeming the repossessed vehicle?
A. Yes, pursuant to Government Code sections 26751 and 41612. This fee is
not the obligation of the lien holder or repossessor.
30. Q. Is a repossessed vehicle exempt from current registration?
A. A vehicle repossessed pursuant to the terms of a security agreement is
exempt from the registration solely for the purpose of transporting the
vehicle from the point of repossession to the storage facilities of the
repossessor, and from the storage facilities to the legal owner of a licensed
motor vehicle auction provided that the repossessor transports with the
vehicle the appropriate documents authorizing the repossession and makes them available to a law enforcement
officer on request (VC 4022).
31. Q. Does the mandatory 30 day vehicle impoundment for driving with a
suspended, revoked or invalid license apply to the legal owner?
A. No. A legal owner or its agent may obtain a release from impoundment
prior to the 30 days if they meet three conditions:
1) They are legally operating in this state.
2) They pay all towing & storage fees related to the seizure of this
vehicle.
3) Provide foreclosure document or affidavit of repossession
[14602.6(f)(3)].
32. Q. Should a legal owner have a copy of the repossessor’s state issued
licensed number on file prior to assigning an account to them?
A. Although, it is not required by law, it would provide a positive defense to
any allegation of having assigned an account to a nonexempt unlicensed
person in violation of B&P Code section 7502.2 which is punishable by a
fine of $5,000.
33. Q. Is possession by a registered repossessor of tools described as“burglary tools” and of vehicle or wheel lock master keys as definedin section 466 and 466.5 of the California Penal Code prohibited bylaw?
A. No. Those sections specify that possession with the “intent feloniously to
break or enter any building or vehicle” is a misdemeanor, and that
possession of vehicle master keys with the intent to use them “in the
commission of an unlawful act” is a misdemeanor. Tools used by
repossessors are “tools of trade” and are legally possessed without any
intent to commit a crime.
34. Q. May local law enforcement collect an administrative fee from a legal
owner or their agent to release impounded collateral?
A. No. Effective on January 1, 2000 the administrative fee may be collected
only from the registered owner only or agent of said registered owner
[VC 22850.5(b)(2)].
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Repossession Agency, Qualified Manager, or Repossession Agency Employee
Requirements for Licensure
A Repossession Agency contracts with a legal owner to locate or recover personal property that has been sold under a security agreement.
In order for a company to seek licensure as a repossession agency, the Qualified Manager (see below) must have passed the licensing examination. In addition, each individual applicant, partner, or corporate officer must be 18 or older and must undergo a criminal history background check through the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI).
To apply for a company license, submit a completed application, an $825 company license fee, two recent passport-quality photographs and a Repossessor Agency Live Scan form signed by the Live Scan Operator. A $32 DOJ fingerprint processing fee and a $19 FBI fingerprint processing fee must be paid for each applicant at the Live Scan site. Send your application package to the Bureau of Security and Investigative Services, P.O. Box 989002, West Sacramento, CA 95798-9002.
(A qualified manager who is also an applicant, partner, or officer is not required to send in another set of fingerprints or pay another fingerprint processing fee.)
Note: Local government may also require registration but may not charge a fee.
Qualified Manager
An individual, partnership, or corporation seeking licensure as a repossession agency must specify in the application the individual who will manage the business on a day-to-day basis. This individual is called the Qualified Manager. (An owner, partner, or corporate officer may serve as the Qualified Manager, or may hire someone to fill this role.) Qualified Managers must spend at least 51 percent of their time in active control of the business and must meet the following requirements:
- Be 18 or older
- Undergo a criminal history background check through the DOJ and the FBI
- Have two years (4,000 hours) of experience within the last five years as an employee of a licensed California repossession agency or two years (4,000 hours) of recent legally acquired experience recovering personal property sold under a security agreement in California (while working as an employee of a financial institution or vehicle dealer)
- Pass a two-hour multiple-choice examination covering the Collateral Recovery Act (formerly the Repossessors Act) and related laws, prohibited acts and citations, conduct of business, and disciplinary proceedings. A copy of the Collateral Recovery Act will be sent to you.
Submit a completed application with two recent passport-quality photographs, a $325 application fee and a Repossessor Agency Qualified Manager Live Scan form signed by the Live Scan Operator. A $32 DOJ fingerprint processing fee and a $19 FBI fingerprint processing fee must be paid for each applicant at the Live Scan site. Send your application package to the Bureau of Security and Investigative Services, P.O. Box 989002, West Sacramento, CA 95798-9002.
Repossession Agency Employee
Employees hired by a repossession agency to recover property must be registered with the Department of Consumer Affairs. To be eligible to apply for registration as a repossession agency employee, you must meet the following requirements:
- Be 18 or older; and
- Submit your completed application with two recent passport-quality photographs, a $75 registration fee and a Repossession Agency Employee Live Scan form signed by the Live Scan Operator. A $32 DOJ fingerprint processing fee and a $19 FBI fingerprint processing fee must be paid for each applicant at the Live Scan site. Send your application package to the Bureau of Security and Investigative Services, P.O. Box 989002, West Sacramento, CA 95798-9002.
Once you have submitted your application and the appropriate fees, you may work for 120 days with a temporary registration if you do not have a record of any felony convictions and have not committed any violations of the Collateral Recovery Act or any other acts constituting grounds for denial.
State registration is not required of clerical employees or others whose duties do not include actual repossessing.
Note: Whenever you change employers, you must reregister within 15 working days. Submit a re-registration application and $30 fee to the Bureau of Security and Investigative Services, P.O. Box 989002, West Sacramento, CA 95798-9002.
Applications for registration as a repossessor employee are available from repossession agencies. To request an application for licensure as a repossession agency or qualified manager, call 916-322-4000 or 1-800-952-5210, or visit our Web site at www.bsis.ca.gov
Protection of the public shall be the highest priority for the Bureau of Security and Investigative Services in exercising licensing, regulatory and disciplinary functions. Whenever the protection of the public is consistent with other interests sought to be promoted, the protection of the public shall be paramount.
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