If a third party's property was in a repossessed car, what are their legal rights get it back?
Question Details:
My wife borrowed my mother's car and forgot her wallet in it; it has her driver's license and social security card. The repossession company sent a notice that any personal belongings would be destroyed if we don't pay $50 and make an appointment to get it. However, only the person on the lein can do that. I now have power of attorney. Can they do this?
They have no right to hold any personal items, nor can they impose a charge other than the reasonable cost of return such as mail or other delivery service. They may require proper identification to release any personal items, but they can not withhold such items from the rightful owner.
If the Repo comapany refuses to return the items upon demand, you should contact the police for assistance (technically the repo company is committing a larceny since they have no legal right to withhold property from its lawful owner). You may also contact the Attorney General's Office who may be able to provide assistance. If the items are valuable, you can start a Replevin action in court to force the return.
No, they cannot--they may reasonable charge the costs to send it back to you--mail costs, etc.--but they can't threaten to destroy another person's property. Nor can they refuse to turn it over to your wife, though they can require identification so she can prove that she's the person who owns those cards. You could inform them that if they do not return these items, you will file a police complaint for theft against them, and also contact the state agency that licenses them to file a complaint with that department as well.
