Repossession
Civil Lawsuits

Can you sue the repossession company if they took your vehicle instead of the one they were looking for?

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2009-09-09 15:53:36
2009-09-09 15:53:36

Maybe sounds like theft but they did bring it back, did they harm your vehicle or put you in a compromising position if not give them a break they really do have a rough way to go be nice do unto others as you would have done unto you would you like to go to jail when all your trying to do is put diapers on your baby or a roof over your children's head have a heart they're just doing a job and wouldn't have been out there if not for your neighbor's deficiencies. Yes, the neighbor can most definitely sue and even though the vehicle was returned there are numerous criminal violations involved in the faulty repossession. The best option would be for the party whose van was mistakenly taken to file for damages in small claims court, (unless the damages exceed the maximum amount allowed). Repo agents are bonded (or should be) to cover incidents such as this one. As far as being a "nice guy" and letting the matter drop that is a personal decision, but asserting your legal rights might be the better choice. The owner of the van should also make certain that their vehicle has not been damaged in any manner, it would be advisable to take pictures and to gather all evidence that is pertinent to the matter, such as witness accounts (if any) date, time, place, method, and so forth. Don't sue the repo who took or rather stole your car sue the lender who employed the them. Do not sue in small claims sue in regular court you can represent yourself or hire an attorney. I hope you do that repo agent should be in another line of work. You can, but you have to ask yourself if it will be worth it. You have to ask yourself too whether or not you had any culpability in the matter. If you the truly innocent victim, and you suffered damages, by all means sue the repo agent AND the repossession or forwarding company AND the lender. There are mechanisms in place to prevent this from happening. However, if you were in any way culpable in the error that was made, beware; any legal action you attempt could blow up in your face.

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Related Questions


a voluntary repossession is where you turn over the vehicle instead of us having to come get it from you. www.aerecoveryandtowing.com


In Tennessee, a truck or car finance company can hire a repossession company to take your vehicle if you do not make payments and are in default. They are not able to break into a locked garage to take your vehicle and they cannot forcibly remove a person from behind the wheel of the car.


There is no company with the name "Repo Truck", but "repossession" of a vehicle simply means the financial lending company "takes back" the vehicle, because monthly payments on the vehicle have ceased.


Not only does Honda have insurance on the vehicle, so does the repossession company, the storage company, the transport company, and the aution agency.



Our company that refinanced the vehicle is threatning to garnish wages and garnish our other vehicle (of which is paid for) and other assets.



You need very good proof it was not damaged before the repossession. Nearly impossible to do as he can say it was damaged when he got it (and he will, believe me).


Sample letter of vehicle repossession for the state of texas



When you purchased the car, you may have received a lien title from the state. This is not a clear title of ownership. The lender in essence still owns the vehicle, at least part of it. It is held in security for the loan. If you are a repossession company or agent, you will be required to have an order of repossession. But, if you are a repossession company or agent, you should already know this.


Possibly. If you hide the vehicle they could charge you with GTA. Grand Theft Auto. Remember, they own it and you don't.


Actually a company can reposses your vehicle without notice. When the terms of a finance contract is broken the company has all rightd at that time. They are under no obligation to notify you.


Fees vary from lot to lot and repossession company to repossession company. I have seen daily rates as low as $10.00 and as high as $150.00. Your best bet is to get the matter resolved as soon as possible and redeem your vehicle.


I don't think there is a statute of limitation on repossession of a vehicle anywhere as long as there is an overdue payment outstanding.


When a debtor is behind on payments, NC law allows the lender to take possession of, or "repossess" the vehicle. A repo company on behalf of the lender can take the vehicle at anytime, anywhere that the vehicle is found and accessible. If the vehicle is in a locked fence or garage then the repo company cannot force entry to get to the vehicle.


Dealerships are not typically recognized repossession agents, however, if you bring in a vehicle for service, and a valid repossession order exists for that vehicle, the delareship may secure the vehicle for the lender so that repossession may take place.


It isn't relevant as both states allow repossession of a vehicle under UCC laws (without a breach of peace).


A "repossession notice" is a civil matter. A police oficer cannot hold the vehicle for repossession. Unless, there has been a court proceeding and the judge has ordered the vehicle held if stopped. A repossession notice also cannot stop the registration of a vehicle.


The average price a bank pays to repossess a vehicle is anywhere from 200.00 to 400.00. The actual price will vary depending on the company and location of the car.


No, it's 100% legal. That finance company is the lienholder. What that means is that, until you've paid that vehicle off and have acquired the title, the lienholder is the rightful owner of that vehicle, and has every right to reclaim their property when the conditions of the contract are not met by the lessee.


When the tow truck makes contact with another vehicle it is in possession of that tow/repo company. If they connect to another vehicle to "move" it they are in possession of that vehicle without cause or permission. This is technically a stolen auto at that time. It is NOT legal to move other vehicles to get to another. A good repossession agent with proper use of his tools can get a vehicle out of even the most tightly squeezed places. Before you accuse a repo agent of "stealing" a vehicle, make sure he actually did!!!


Notice is not necessary in all state prior to repossession. In fact it is not necessary in most states. If you have paid current on the loan, and the repossession occurred anyway, this is likely a communication lag between the lender and the repossession company. It happens often. Contact your lender and explain what happened. Be patient and polite--they are not required to return the vehicle. They likely will because they want your money not the car. Ask the lender how you can get your vehicle back. Ask them who has your vehicle, and call that company to explain the vehicle was "wrongfully repossessed" and why. Again, be patient and polite--these people have your car.


Most lienholders will allow you to bring your account current and get your vehicle back - but only after you pay the fee for the repossession and you may also have to pay the repossession company for storage.


A repossession agency cannot enter a garage locked or otherwise to recover a vehicle unless the agent has a replevin (court) order to seize the vehicle. Additionally, a vehicle cannot be gifted in the usual sense, to another person unless there is a clear title, meaning the vehicle has been paid for in full and there are no lien holders. If the title is not in the person's name who has the vehicle, they do not own the vehicle.



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