You could sue the lender either in regular court or small claims court. You can represent yourself in either court. You can also hire an attorney and add his fees into the amount you are suing for. Take pictures of the damage and get several estimates to repair the damage from auto body shops. Send a certified letter to the lender with copies of the estimates and your intent to sue them if they do not make restitution. Do not wastesuing the repo-man who damaged your car. He is an agent for the lender. Of course, only a court can decide whether you would win your lawsuit. The written condition report from the repossessor will be considered evidence. The court may or may not consider it good evidence (many good repossessor videotape their repos for this very reason). However, it will help if you have evidence to the contrary, such as a reliable witness who will swear that the dent was not there immediately before the repo man hooked it up.
Every state requires repossession agents to carry insurance. If the vehicle is damaged during a repossession or especially a wrongful repossession, the agency that secured the unit must have it repaired at their own cost, or as a matter of insurance claim. Remember, do not sign for acceptance on the repairs until you are absolutely satisfied that they have been done properly.
Well, first, you'd have to explain how the repossession was illegal. There really isn't any such thing as "illegal repossession"... repossession is a legal process by which a lien holder can recovery property which does belong to them in response to a delinquency of payment or violation of the contract.A vehicle which has no grounds for repossession but was taken was not repossessed - that's theft, plain and simple, and if that's the case, then you'd file a police report, an investigation would commence, arrests would be made, and you'd either recover your vehicle or get an insurance payment if the vehicle was unrecoverable. I'm guessing that's not the case, since you're asking this question here.State laws on time which a delinquency must continue for before seizure of assets can be made varies by state... if this law was violated, then you're going to have to lawyer up and take the legal route against the lienholder (the repossessor is not liable in this instance, as they are contractors following the instructions of the lien holder).A criminal act on the part of the repossession agency has occurred if...A locked gate is breached in the course of the repossession.A secured building is unlawfully entered in the course of the repossession.A vehicle other than the one being repossessed was entered without permission during the course of the repossessionProperty damage occurs during the course of the repossession.In the case of a commercial vehicle, a cargo payload is taken with the vehicle.A trailer attached to the repossessed vehicle which itself is not up for repossession is taken with the vehicle.In those instances, a police report needs to be filed. However, if the repossession itself is legit, that still won't get you the vehicle back.
Repo agents are NOT Law Enforcement Officers. Their right to bear arms is the same as any other concealed-carry-qualified citizen of the the state. I often wonder where this type of question comes from. The law, is the law is the law. The first answer is absolutely correct so far as it goes. Carrying a firearm while acting as a repossession agent is just about a sure ticket, eventually, for jail or prison. If a repossession agent is prohibited from disturbing the peace during the course of a repossession, and they are, then what would make you believe that the agent would have any "right" over and above that of any other citizen when trying to effectuate a repossession? They don't; all "reality" shows to the contrary are bs.
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