What are my options if the finance company illegally repossessed my car?
Full Question:
On Friday my car was repossessed. I have proof of all of my car payments and receipts. I also have proof of insurance. When the car was repossessed it was at a friends house that I was staying with. I was not there at the time. I was visiting my parents. My friend gave the repo company the phone number of my parents, and the company called me at my parents’ house. First they spoke with my mother who did not realize I was at her house. When she did realize that I was there she told me they called and gave me a number to call them back. I called them back and they told me that if I could prove I made my payments and do it before the flat bed arrived, they would park my car locally and I would not have to pay the $250.00 fee. I got all my proof of payments and arrived before the flat bed. They told me they had to take the car but they would park it locally and that I would not have to pay the fee as long as I contacted the finance company on Monday to get this settled. I called the finance company on Monday and they informed that my car was 60 miles away and that I had to pay the fee; they also informed me that If I did not get my car soon (with in a week) there would be a $5000.00 storage fee and that my car would go to auction. All of my car payments were direct deposited into the finance companies’ bank account and the bank faxed receipts to them. The finance company says they did not get any faxes from me for the month of April. I do not know what to do now.
05/04/2007 |
Category: Civil Actions » Conversion |
State: New Hampshire |
#3736
Answer:
Conduct that harms other people or their property is generally called a tort. It is a private wrong against a person for which the person may recover damages. The injured party may sue the wrongdoer to recover damages to compensate him for the harm or loss caused. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
You might consider paying (under protest) the fee necessary to get your car back and then sue the Repo Company for conversion in small claims court.