Can a repo man move another car to get to yours in North Carolina?

Can a repo man move another car to get yours? No, a repossession agent may not do that. But, if the repossession company can't access your car because it is hidden, blocked, or locked up, your lender goes to court to get a replevin. Replevin is a court order compelling the collection of the vehicle.

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Complaint for Wrongful Repossession of Automobile and Impairment of...

Kansas Complaint for Wrongful Repossession of Automobile and Impairment of Credit

Q: What is the repossession law in Kansas?

Kansas is a &quot;self help&quot; repossession state. This means that a car can be repossessed, in ance to the terms of the contract, without obtaining a court approval to take the car. The law normally requires that the borrower be notified and that the repossession takes place without trespass or &quot;breach of peace&quot;.

Category:

Collections - Repossessions

State:

Multi-State

Control #:

US-01419BG

Format:

Instant download

Description

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.

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How to fill out Complaint For Wrongful Repossession Of Automobile And Impairment Of Credit?

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FAQ

In the State of Texas, the specific statute for wrongful repossession law is Texas Business & Commerce Code §9.609 which governs auto repossession. This statute provides that a creditor company is entitled to use self-help repossession but may only seize collateral (such as an automobile) without a court order.

If you miss a payment or default on your contract in any way, such as letting your insurance coverage lapse, your creditor has the right to repossess your car. A voluntary repossession occurs when you return the financed vehicle in an attempt to relinquish your responsibility.

Can a repo man move another car to get yours? No, a repossession agent may not do that. But, if the repossession company can't access your car because it is hidden, blocked, or locked up, your lender goes to court to get a replevin. Replevin is a court order compelling the collection of the vehicle.

Is it a crime for a repo man to accidentally repo the wrong car? Not unless the car was retained after the accidental repossession was discovered, and then, only by the person retaining it (as the repo man may have turned over the car to the creditor whose loan on a similar car is in default).

No. It is against the law in every state for a person engaged in a repossession to disturb any other personal property that is not the subject of the repossession (or located in the repossession).

Kansas is a "self help" repossession state. This means that a car can be repossessed, in ance to the terms of the contract, without obtaining a court approval to take the car. The law normally requires that the borrower be notified and that the repossession takes place without trespass or "breach of peace".

A validated copy of the Notice of Lien receipt (Form 4809 or Form 108) or the original certificate of ownership, reflecting the lienholder; An identification number and odometer (ID/OD) inspection if the repossessed vehicle has an out-of-state title; and. A $12.50 repo title fee (includes $2.50 processing fee).

Today, repo men use all kinds of technology to track down cars. Some car dealers GPS tracking devices on cars they sell. These trackers show the repo man exactly where your car is at all times.