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  1. #1

    Default How to Get Personal Property From a Repossessed Vehicle

    My question involves an auto loan or repossession in the State of: California

    My vehicle was just repossessed during my BK filing.
    I received a letter from the towing company with the inventory list of my personal property. The list does not include all of the items that were in the vehicle, so I called the towing company. Long version shortened, they told me after their "research"..... what is on the inventory list, is all that was in the vehicle, but they would be willing to reduce the storage fees for my alleged missing items.
    What are my rights to the property I know with 100% certainty were in the vehicle?
    Should I file a police report for stolen items? and who's word are they going to take? I can see a bias here.
    Who should I file a complaint with that will result in an investigation of the company?
    Can I subpoena their video footage of the tow, and their photos of the inventory procedure?
    According to the bank, had I been able to give them a case number they would not have followed through with the repossession, but I did not know it, or know if my attorney had filed the petition yet, so I told them I did not know, and they could contact my attorney (because that is what my attorney informed me to say to all creditors when they called). The bank said they did not want to talk with my attorney and said they would continue with repossession and/or collection efforts.

    Please let me know asap. I have not picked up the items they do have as of yet because I did not know what to do, and they are going to start increasing the storage fees on the property they do have.

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,635

    Default Re: How to Get Personal Property From a Repossessed Vehicle

    If you believe items were stolen from your vehicle, you can consider making a police report and, if you have coverage, an insurance claim. Be aware that a lot of fraudulent claims are made under similar circumstances, so that your claim may be viewed skeptically.

    You can ask the towing company if they have surveillance video and, if so, whether they'll let you watch it. If they say "no" you can let the police know of the video if and when you make your report, and can attempt to obtain copies in the event that you sue the tow yard, consistent with the rules of court in the court in which you sue. (I don't know if this is a small claims matter or something that would be litigated in a regular trial court.)

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