Sacramento, CA asked in Business Law, Consumer Law and Personal Injury for California

Q: Wrongful repossession a few months after we paid in full the lender including repo fees and repo company to recover it?

We defaulted a $2500 loan car was repossessed and we were given the opportunity to recover it. Pay in full the amount of loan, with the agreed interest, penalties, repo fees, etc... Also upon picking up our vehicle from the Auto auction where it was located have another $200+ dollars for an admin/release fee from them. Date approximately 11/1/18 done. 2/1/19 our be vehicle was stolen from our home in Lodi, CA. In June we received a letter from the Title loan company alerting us our vehicle sold on 4/4/2019 for $11,000. Our balance owed with interest, penalties and fees was $1,100 and repo fees were $900 and call them for our disbursement check of $9,000 which still has not been sent! Claiming they have 120 days from sale date. Our vehicle was on 07' Suburban customized we got at a great price for $20,000 cash not 1 year earlier. Still had that value at least due to modifications. Sold 4/4- Letter dated 5/2 and received mid June? Lender in NV and we live in Lodi, CA. What can I do now?

2 Lawyer Answers

Daniel Timothy LeBel

Answered
  • Consumer Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Dear consumer,

More facts would be necessary to evaluate your situation. Filling in some of the blanks, it sounds like this lender failed to comply with California law which requires post repossession notice.

Further, under any states' laws, if you had already paid off the vehicle in full, the lender's taking possession of it constitutes conversion And you would be entitled to the full current market value of the vehicle, potentially in addition to other damages.

For myself, or any other consumer attorney, to assist you we would need your documentation. Please feel free to contact me so I may investigate your situation at no cost to you.

Best regards,

Dan LeBel

DanLeBel@consumerlawpractice.com

1 user found this answer helpful

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

A: More info needed.

you are on a criminal or PI forum and not a consumer law site.

the first thing i would do is contact a lawyer for a consultation and before that write out a detailed summary of the facts.

you may have a Bad Faith claim against the ins co and a bad faith lawyer can guide you on that.

1 user found this answer helpful

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