Duncanville, TX asked in Small Claims for Texas

Q: Can a dealership keep equipment after a car is repossessed that doesn’t belong to the renter

My wife had some speakers installed in the vehicle. Invoice and paperwork is in her name. The dealership will not allow her to get her equipment out of the vehicle saying they will dispose of it after 15 days. Is this legal and does she have a small claims case?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Speakers which are permanently affixed to a motor vehicle (such as by being wired into the vehicles sound system or being screwed in place) become part of the motor vehicle. If the dealership has a legitimate claim to keep and dispose of the vehicle (e.g. a purchase money lien or mechanic's lien against the vehicle), your wife has no right to remove speakers "installed" in the vehicle.

On the other hand, if they are wireless speakers which are not permanently affixed to the vehicle, she would have the right to remove them along with any other personal effects.

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