New York Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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US-01419BG
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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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  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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FAQ

How Can I Dispute a Repossession on My Credit Report? You can dispute a repossession by sending a letter to the credit bureau that's reporting wrong information on your credit report ? Equifax, TransUnion, or Experian. The credit bureau generally has 30 days to investigate your claim.

Or, let us say for the sake of argument that payments for the vehicle stopped and the vehicle was repossessed. The creditor has six years under New York law to file a lawsuit to obtain the deficiency balance.

How to rebuild credit after a repossession Pay off overdue bills. If you have other overdue accounts, you could contact each lender to discuss your options. ... Don't max out credit cards. ... Make on-time payments. ... Only apply for the credit you need. ... Monitor your credit.

It's possible to remove a repossession from your credit report, but you don't have many options. You can either negotiate with the lender or file a dispute. That's it. You can only file a dispute if something is inaccurate.

Paying off a derogatory account, such as an account that shows a status of repossession, foreclosure or charge off, will result in that debt being updated to show as "paid" on your credit report. The exception would be if the account has already been sold to a collection company.

What Happens After a Repossession in New York? In most cases, the creditor will sell your car at auction for the highest price possible. If you have paid more than 60% of the loan balance, the repo is considered a strict foreclosure, and the lender has to sell your car within 90 days.

You can remove a car loan from your credit report if the entry is an error by filing a dispute with the three major credit bureaus. If the car loan on your credit report is listed correctly but was never paid off, it will fall off your report after 7 years and you won't be able to remove it early.

After the repossession, your lender or leaseholder may allow you to reinstate your contract if you pay the past due amounts.

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New York Complaint for Wrongful Repossession of Automobile and Impairment of Credit