First — Understand Who You Are Dealing With
Westlake Financial Services is a Los Angeles-based subprime auto lender with a documented history of aggressive and in some cases illegal collection practices. The CFPB ordered them to pay $44.1 million in relief after finding they used fake caller IDs, falsely threatened borrowers with criminal prosecution, and illegally disclosed debt information to employers and family members. The Department of Justice separately found they repossessed vehicles from active-duty servicemembers without the court orders federal law requires under the Servicemembers Civil Relief Act, 50 U.S.C. § 3952.
That history matters here. Westlake does not always follow the rules. Knowing your rights puts you in a position to hold them to those rules — or use their violations against them.
For a full background on who Westlake Financial is and their regulatory record, see our article: What Is Westlake Financial?
Step One — Do You Want the Car Back?
This is the first question. California law gives you two ways to recover a repossessed vehicle: reinstatement and redemption. Both have short deadlines.
Reinstatement
Reinstatement means bringing the loan current — paying the missed payments, late fees, and repossession costs — and continuing on the original loan terms. Under California Civil Code § 2983.3, you have the right to reinstate once within any 12-month period and twice over the life of the loan.
Redemption
Redemption means paying the entire remaining loan balance in full. You get the car back and the loan is done. This right exists under California Civil Code § 2983.2(b).
Both options require Westlake to send you a Notice of Intent to Dispose of Motor Vehicle under Cal. Civ. Code § 2983.2 before they can sell the car. That notice must state the reinstatement amount, the redemption amount, and the date after which the vehicle will be sold. You typically have 15 days from the date that notice is mailed to act.
Step Two — Get Your Personal Property Out
Whatever was in the car when Westlake took it — clothes, car seat, tools, medication, documents — is not theirs to keep. Under Cal. Civ. Code § 2983.2, Westlake must inventory your personal property and make it available for retrieval. You have 60 days from the date of repossession to claim it.
Call Westlake immediately and ask for the inventory list. Schedule pickup in person with a photo ID. Get a written receipt for everything you recover. Do not sign anything releasing claims for missing or damaged property without understanding what you are giving up.
Under Cal. Civ. Code § 2984.1, Westlake cannot charge you a fee to retrieve your personal property unless your contract specifically authorizes it.
Step Three — Check Whether the Repo Was Legal
California Civil Code § 2983.3 prohibits repossession agents from breaching the peace. That means no physical force or threats, no taking the car over your explicit oral objection, and no entering a closed structure like a garage without permission.
If the repo agent showed up with a tow truck while you were standing there objecting, threatened you, or entered your property improperly — that may be a wrongful repossession. Document everything now: the date, time, location, what was said, any witnesses, and any video footage.
A wrongful repossession gives rise to claims against both the repo company and Westlake under Cal. Civ. Code § 2983.3 and potentially under the Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code § 1788 et seq.) and the federal FDCPA (15 U.S.C. § 1692 et seq.). Both statutes carry statutory damages and attorney fee provisions.
Step Four — Watch for the Deficiency Lawsuit
After Westlake sells your car at auction, they will calculate what you owe — the difference between the sale price and your remaining loan balance. That is the deficiency balance. They may sue you to collect it.
This is where Westlake’s compliance with Rees-Levering becomes critical. Under the Rees-Levering Motor Vehicle Sales and Finance Act (Cal. Civ. Code §§ 2981–2984.6), before Westlake can collect a deficiency they must have:
- Sent a proper Notice of Intent to Dispose of Motor Vehicle under § 2983.2 — with correct amounts, correct disclosures, mailed within 60 days of repossession.
- Conducted a commercially reasonable sale — fair notice, fair method, price reflecting actual market value.
- Provided a written post-sale accounting showing the sale price, remaining balance, all fees, and how the deficiency was calculated.
If Westlake missed any of those steps, Cal. Civ. Code § 2983.2(a) bars them from collecting the deficiency entirely. Not reduced — eliminated.
Westlake is an aggressive deficiency collector. They regularly sue borrowers after repossession, and they frequently sell deficiency balances to third-party debt buyers who may not be able to prove they own the debt or that Westlake followed the rules in the first place.
Do not ignore a deficiency lawsuit. A default judgment gives Westlake — or a debt buyer — the ability to garnish your wages and levy your bank account under Cal. Code Civ. Proc. § 706.010 et seq. Our course walks through exactly how to respond to a California debt lawsuit step by step: https://law-without-lawyers.com/ca-debt-lawsuit/
Step Five — Consider Bankruptcy If the Picture Is Bigger
If the Westlake repossession is part of a larger debt crisis — credit cards, medical bills, other accounts in default — bankruptcy may address everything at once.
Chapter 13 filed before the car is sold at auction triggers an automatic stay under 11 U.S.C. § 362 that halts the sale. You may be able to get the vehicle back and restructure what you owe through a repayment plan. If you have owned the car more than 910 days, a cramdown under 11 U.S.C. § 1325(a)(5) may let you reduce the loan balance to the car’s current market value and pay that lower amount over three to five years.
Chapter 7 can discharge the deficiency balance after the car is gone, along with your other unsecured debt under 11 U.S.C. § 727 — including any balance Westlake or a debt buyer is pursuing.
Timing is critical. Once Westlake sells the car at auction, Chapter 13’s vehicle recovery options disappear. If you are considering bankruptcy to save the car, act before the sale — not after.
If Westlake is one of several creditors coming at you at once, it is worth understanding all your options before a judgment enters. You can request a consult to speak with a bankruptcy attorney.
Frequently Asked Questions
Can Westlake repo my car without warning in California?
Yes. California does not require advance notice before repossession. But Westlake must follow strict post-repossession rules under Cal. Civ. Code § 2983.2 — including sending the required notice before selling the vehicle.
What if I was current on my payments when they repossessed?
Document everything immediately — payment records, bank statements, confirmation numbers. A repossession while current on payments may be wrongful under Cal. Civ. Code § 2983.3 and a violation of the FDCPA and Rosenthal Act. Given Westlake’s history of acquiring debt portfolios from failed dealerships and repossessing vehicles from borrowers who were current, this is not an uncommon complaint.
What if I never received the notice after repossession?
Failure to provide the § 2983.2 notice is itself a Rees-Levering violation. Contact Westlake in writing by certified mail demanding the notice and access to your personal property. Document that you never received it — that paper trail matters if you later challenge the deficiency.
What if Westlake’s collectors are harassing me?
Take it seriously. Under the FDCPA (15 U.S.C. § 1692 et seq.) and the Rosenthal Act (Cal. Civ. Code § 1788 et seq.), collectors cannot threaten action they cannot take, use fake caller IDs, or disclose your debt to third parties. The CFPB has already found Westlake violated these rules across more than 137,000 accounts. Document every contact — date, time, what was said — and file a complaint at consumerfinance.gov/complaint.
Does this apply outside California?
Laws vary by state. Rees-Levering is California-specific. The FDCPA applies nationwide. If the repossession occurred in another state, consult the rules in your state.