D.C. Mun. Regs. tit. 16, r. 16-340

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 16-340 - REPOSSESSION

340.1

When a buyer is in default in any of the following, the holder may repossess the motor vehicle:

(a) The payment of any sum due under an instrument of security;

(b) The performance of any other condition which the instrument of security lawfully requires the buyer to perform in order to obtain title to the motor vehicle; or

(c) The performance of any promise which the instrument of security expressly makes a ground for repossession of the motor vehicle.

340.2

Unless the motor vehicle can be repossessed without a breach of the peace, it shall be repossessed by legal process.

340.3

Nothing in this section shall be construed to authorize a violation of the criminal law.

340.4

Within one (1) hour after repossession of a motor vehicle, the individual who performed the repossession shall notify the Metropolitan Police Department of the repossession and shall provide the following data:

(a) The name and address of the registered owner;

(b) The name and address of the repossessor;

(c) The name and address of the holder;

(d) The tag number and description of the vehicle;

(e) The location from which the vehicle was repossessed;

(f) Where the vehicle is located;

(g) The date and time of repossession; and

(h) Other information required by the Metropolitan Police Department.

340.5

A deficiency does not arise unless the holder has complied with all of the requirements of §§ 340 through 349, including the mandatory and discretionary notice requirements set forth in § 341.

340.6

Any failure to abide by the requirements of §§ 340 through 349 constitutes an unfair trade practice, the remedies for which include, but are not limited to, those contained in Chapter 39 of Title 28 of the D.C. Code.

340.7

The remedies set forth in § 340.6 are in addition to any other remedy provided by the laws of the District of Columbia, including, but not limited to, Chapter 38 of Title 28 of the D.C. Code and the Uniform Commercial Code.

D.C. Mun. Regs. tit. 16, r. 16-340