If my car was wrongfully repo’d today from my workplace, what can I do?

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If my car was wrongfully repo’d today from my workplace, what can I do?

The person who owned my vehicle before me had a debt owed, to I’m guessing, the lienholder out of another state and they ordered the repo under her name but with my vehicle information. I have had my car almost 2 years now. I am a single mother with 3 kids and recently widowed.

Asked on June 26, 2012 under Bankruptcy Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Did you get a clear title from them when you bought it?  Was it in the name of the owner or the finance company?  If it was in the name of the finance company and you have record of the release of lien, then it is a wrongful repossession.  If the title was clear of a lien (in the name of the other party only) then it is also a wrongful repossession.

I am guessing what happened here is that the title was not clear and you didn't realize it. 

You may want to learn more about repossession in general here: http://www.bsis.ca.gov/forms_pubs/cons_grepos.pdf

You can sue the person who sold you the car for fraud and breach of warranty of title.

If you think you have a valid claim that the car was wrongfully repossessed you can sue the finance company in small claims and file a complaint with the CA department of consumer affairs.


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