Car repossession despite no late payments, dogs harmed, no notification received. What are my rights?

Question

Despite having no late payments, my car was repossessed in Santa Ana, California, without any notification, and returned to the dealership. The repossession occurred without the repo person identifying themselves or involving law enforcement. My car, with my dogs inside, was later reported abandoned in Westminster, California, approximately two hours after being repossessed. The Westminster police informed me of the abandonment and had retrieved my dogs, who appeared assaulted, with one having a cigarette burn on its head. Despite contacting both the lien holder and the dealership, each party directs me to the other, resulting in a back-and-forth situation without resolution. I have never received any notification or documentation regarding the repossession. What are my rights, and what steps can I take to address both the repossession and the harm caused to my dogs?

Daniel Timothy LeBel · Answer

I'm very sorry to hear about your experience and especially what happened to your dogs. There are no facts here that make this sound like a repossession other. It's common that a thief will dump a vehicle shortly after taking it. There are certainly horror stories and I have represented people who have been abused during a repossession but it would be a very extreme and unusual situation for a tow truck driver thinking they're acting on a legal repossession to take a vehicle with animals inside. If some agent of your lender intended to repossess the vehicle, they would have to report it beforehand to the local law enforcement. And yes, your assumption seems accurate: no one has any right to repossess if you haven't missed any payments or asked them to take the vehicle. You should report this to the local police immediately.

James L. Arrasmith · Answer

What happened to you and your dogs is deeply upsetting and should not be ignored. In California, a vehicle cannot be legally repossessed unless you are in default on the loan—meaning missed payments or other breaches of contract. If your payments were current and you were never notified of any default or repossession, this may be considered an unlawful repossession. 
 
Repossession agents are required to avoid breaching the peace. Taking your car without identifying themselves, leaving it in another city, and harming your dogs could be seen as serious violations. The fact that your dogs were injured and the car was abandoned may also raise issues of animal cruelty and potential criminal behavior, which should be reported to the police and animal control. 
 
You can file a complaint with the California Department of Motor Vehicles, the Consumer Financial Protection Bureau, and possibly the Attorney General’s office. You might also consider contacting a consumer rights attorney, especially one familiar with repossession laws and animal cruelty cases. Keep records of all communications, police reports, vet bills, and anything related to the incident. Don’t let them keep bouncing you back and forth—put everything in writing and request a full explanation from both the lender and the dealership.

Q: Car repossession despite no late payments, dogs harmed, no notification received. What are my rights?