Amicus Brief in De la Cruz v. Wachovia Dealer Services

Published: December 15, 2011

California Court of Appeals for the 4th Circuit Issue: Auto Financing
Amicus Brief, filed 15 Dec 2011

Download the full brief (PDF)

This case involves borrowers who purchased a vehicle through a dealership in California. The financial institution in question, Wachovia, did not make the loans, but later purchased the installment contracts from the dealer. When the borrower fell behind on their payments, Wachovia repossessed the cars without properly following California law. California allows self-help repossession, but has strict rules regarding consumers’ rights in repossession, including the notices that a creditor must send to consumers.

This case involves borrowers who purchased a vehicle through a dealership in California.  The financial institution in question, Wachovia, did not make the loans, but later purchased the installment contracts from the dealer.  When the borrower fell behind on their payments, Wachovia repossessed the cars without properly following California law.  California allows self-help repossession, but has strict rules regarding consumers’ rights in repossession, including the notices that a creditor must send to consumers.