South Dakota Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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Multi-State
Control #:
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

Lenders aren't required to give borrowers notice before repossessing a car in South Dakota. But if your lender decides to repossess your vehicle, they must provide you with written notice about reclaiming your vehicle after retaking possession of it.

Breaching the peace during an auto loan repossession can include using physical force or threats of force and breaking into locked buildings. All laws on repossessing cars prohibit breaches of the peace.

A repo man (a person hired by the creditor to take the asset subject to repossession) can come onto your property anytime but cannot enter your house without permission. Property can be repossessed by the creditor or by a person hired by the creditor as long as the process does not involve a breach of the peace.

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).

A wrongful repossession is where the consumer is either not in default or has cured the default and the creditor still repossesses the vehicle. Another thing that constitutes a wrongful repossession is when the repossession agent or the creditor breaches the peace in repossessing the vehicle.

If a purchaser defaults on a lien, a lienholder may repossess a motor vehicle held under a valid lien without paying motor vehicle tax. The act of repossession is not a retail sale.

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South Dakota Complaint for Wrongful Repossession of Automobile and Impairment of Credit