The tort of 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. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in such an action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Georgia Complaint for Wrongful Repossession of Automobile and Impairment of Credit is a legal document filed with the court by a consumer who believes their vehicle was wrongfully repossessed by a creditor, resulting in a negative impact on their credit history. This complaint seeks remedies for the unauthorized repossession as well as the resulting damage to the individual's creditworthiness. The Georgia Complaint for Wrongful Repossession of Automobile and Impairment of Credit typically includes relevant keywords such as: 1. Wrongful repossession: This refers to the act of repossessing a vehicle without proper legal justification or adherence to the applicable laws. The complaint will detail the events leading up to the repossession and provide arguments as to why it was wrongful. 2. Impairment of credit: This highlights the central issue in the complaint — the negative impact on the consumer's credit history due to the wrongful repossession. The complaint will present evidence of the credit impairment and its consequences, such as difficulty obtaining credit in the future or adverse effects on employment prospects. 3. Breach of contract: In cases where the creditor violated the terms of the loan agreement, the complaint may allege a breach of contract. This could be due to failure to provide proper notice of repossession, failure to offer redemption or reinstatement rights, or failure to comply with the contractual process for repossession. 4. Violation of applicable laws: The complaint may also argue that the creditor violated specific Georgia laws governing repossession, such as failing to provide the required notices, using excessive force or intimidation during repossession, or engaging in harassing or deceptive practices. 5. Damages sought: The complaint will outline the specific damages and remedies sought by the consumer, which may include compensation for emotional distress, loss of use of the vehicle, costs associated with obtaining alternate transportation, attorney fees, and most importantly, the removal of any negative credit reporting related to the wrongful repossession. It's important to note that while the basic elements of a Georgia Complaint for Wrongful Repossession of Automobile and Impairment of Credit remain consistent, there may be variations or additional legal claims based on specific circumstances, such as violations of the Fair Debt Collection Practices Act (FD CPA) or other federal consumer protection laws.
