Question:
Dear Steve,
Semi was repossessed. It had a trailer that was not included in the repossession attached to it. The trailer was taken as well. It was listed as an impound and the owner was charged storage fees to get the trailer back. Is this legal in South Carolina.
Brandy
Answer:
Dear Brandy,
Generally, property that is yours and not subject to the repossession should be returned to you.
However, your situation is a bit different since the trailer did take up significant space and I don’t know how long it sat in their yard.
This type of question is best asked of an attorney licensed in South Carolina.
I read the repo law in SC and it says, “(B) A recovery agency, within five working days after the date of repossession, shall give written notice to the debtor of the location of personal property inventoried pursuant to this section. Written notice required must include a conspicuous statement in boldface type in immediate proximity to the information regarding the location of the personal property inventoried that reads: ‘You may contact the South Carolina Department of Consumer Affairs if you have complaints concerning a personal property recovery agent or agency’. The current phone number, mailing address, and Internet website of the department must be included.
(C) The personal property not covered by a security interest must be held not less than thirty days after sending the required notice and must be made available to the debtor in the same county where the repossession occurred. A licensee may dispose of the property as provided in Section 29-15-10 if the debtor fails to seek recovery of the personal property within thirty days after the licensee sent notice.”
So if you have an issue with the repossession agent, you can also contact the South Carolina Department of Consumer Affairs and ask for advice regarding South Carolina laws and repossession.
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