Wyoming Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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Multi-State
Control #:
US-01419BG
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Word; 
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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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FAQ

Your lender must send you a written notice of intent telling you what they intend to do with your car. There's no time limit under Colorado repossession law except that the lender's actions must be commercially reasonable.

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.

Paying the Deficiency In rare cases, if your lender sells your car for more than what you owe (including the lender's expenses), the difference is called a ?surplus? and the lender might be required to give you the surplus funds.

In Wyoming, lenders and creditors are legally allowed to repossess your car after as little as a single missed payment or as soon as you default on your car loan. Your car or truck could be repossessed if you're only a day late on payments. It would be rare for a creditor to be so aggressive though.

How do I get personal property from my vehicle after its repossessed? A creditor can't keep property left in a vehicle and must use reasonable care to prevent others from removing your property. Ask for your property to be returned.

You should contact the lender as soon as possible after they repossess it if you want to try and get the car back. Most lenders will agree to return the car if you bring the loan current, which involves paying all the payments you have missed at once.

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.

The statute of limitations for car repossessions in Florida is five years. This means that the car lender may not attempt to collect from you or file a suit against you after five years per the last date of activity on the car loan. The statute of limitations applies to all consumer debts with written agreements.

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Wyoming Complaint for Wrongful Repossession of Automobile and Impairment of Credit