CanI be charged for getting back my personal property that was left in a repossessed car?

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CanI be charged for getting back my personal property that was left in a repossessed car?

My auto lender repossessed my car and the repo company is demanding $25 for return of my personal property as a “clean out” fee. Is this legal? They are not letting me clean out my own car and remove the items, apparently they did it themselves.

Asked on July 20, 2010 under General Practice, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the problem: they have your stuff and they won't give it back until you pay the fee.  Getting legal help will cost you more than $25.  So would filing a claim as against them for conversion of the property, if that cause of action would even stand.  So I would send them a letter by certified mail indicating that they are holding your possessions as against your rights under the law.  That any such unlawful detainment of your property is considered conversion and that they will be liable for damages as permitted under the law. See what happens.  They may just tell you to come and get your stuff.  They may direct you to the statute that allows them to do this and then you will know one way or the other if you have a case. Good luck.


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